GAR\' l. SHERRER
SECRETARY OF ENVIRONMENT



### January 18, 2013 STATE OF OKLAHOMA

OFFICE OF THE

SECRETARY OF ENVIRONMENT www.environment.ok.gov



### Mr. Ron Curry, Regional Administrator
U.S. Environmental Protection Agency- Region VI (6 PD-L)
1445 Ross Avenue, Suite 1200
Dallas TX 75202-2733 

## RECEIVED- 6POL AIR PLANNING SEC.



## 13 FEB -6 PH 5: 0.,

Subject: 2012 Revisions to Oklahoma Air Quality Control Implementation Plan

Dear Mr. Curry: MARY FALLI:-i GOVERNOR



### In 

### her letter dated March 30, 2011, Governor Mary Fallin appointed me as her designee for the

purpose of submitting documents to the U.S. Environmental Protection Agency for approval and incorporation into the State Implementation Plan (SIP) for Oklahoma.

Therefore, the State of Oklahoma submits for your review and approval under Section 110 of the
federal Clean Air Act and 40 CFR Part 51, revisions to 

### the Oklahoma Air Quality Control Implementation Plan and the associated evidence as required by 40 CFR 51, Appendix V, 2.1.

This submittal is the annual SIP update for 2012 and includes amendments to OAC 252:100, Air
Pollutant Control, which became effective July 1, 2012. The modifications to Oklahoma's plan

were accomplished by the adoption of permanent rules by the Department of Environmental Quality. This submittal covers amendments to Subchapters I, 2, 8, 17, 31, and Appendices A
and Q in 

### OAC 252:100 that became effective July I, 2012.

These rules were promulgated in compliance with the Oklahoma Administrative Procedures Act
and published in the 

### Oklahoma Register, the official state publication for rulemaking actions.

We have included one hard copy and one electronic copy of the submittal as required by 40 CFR 51.103(a).



# 0
Printed on Recyded Paper 3800 N CLASSEN BOULEVARD • OKLAHOMA CITY. OKLAHOMA 73118
TElEPHONE !405) 530-8995 • FAX (405) 530-l!999

### If you have questions, please contact Eddie Terrill, Director, Air Quality Division, Department
of Environmental Quality at ( 405) 702-4154.

Sincerely, 

# J1. ;t_,**~**

# Gary~r Secretary of Environment

Enclosures

cc: Steve Thompson, Executive Director, Department of Environmental Quality
Eddie Terrill, Director, DEQ Air Quality Division Guy Donaldson, Section Chief, Air Planning Section, EPA Region VI (6PD-L)
Jeff Robinson, Section Chief, Air Permits, EPA Region VI (6PD-R)

# AIR QUALITY DIVISION

2012

State Implementation Plan

Oklahoma Administrative Code
252:100

Submitted to EPA January 2013

### 1 Legal Authority

27A O.S. §2-5-105 designates DEQ as the admi nistrative agency for the Oklahoma Clean Air Act (CAA). DEQ’s Air Quality Division (AQD) handles the statutory authorities and responsibilities concerning air quality under OAC 252:4-1-3(c). The AQD has the authority to carry out all duties, requirements, and responsibilitie s necessary and proper for the implementation of the Oklahoma CAA and fulfilli ng the requirements of the federal CAA under 27A O.S. §§1-3-101(B)(8), 2-3-101(E)(1), and 2-5-105. Upon recommendation of the Air Quality Advisory Council, the Environmental Qu ality Board has the authority under Oklahoma statutory law 27A O.S. §2-5-106 to adopt air quality regulations for DEQ. DEQ has the authority under Oklahoma law to: Enforce those regulations and orders of DEQ [27A OS §§2-5- 105(4) and 2-5-110]; Maintain and update an inventory of ai r emissions from stationary sources [27A O.S. §2-5-105(19)]; Establish a permitting program [ 27A O.S. §2-5-105(2)]; and Carry out all other duties, requirements a nd responsibilities nece ssary and proper for the implementation of the Oklahoma CAA and the fulfillment of the requirements of the federal CAA [27A O.S. §2-5-105(22)]. Specifically, the Environmental Quality Board and DEQ have the existing authority to: Adopt emissions standards and regulati ons to implement the Oklahoma CAA and fulfill requirements of the federal CAA [27A O.S. §§2-2-104, 2-5-105, 2-5-106, 2-5-107, and 2-5-114];

Enforce the relevant laws, regulations, st andards, orders and compliance schedules authorized by the Oklahoma CAA [27A O.S. §§2-5-105(4) and 2-5-110], and seek injunctive relief when necessary [ 27A O.S. §§2-5-105(14) and 2-5-117(A)];

Abate pollutant emissions on evidence that the source is presenting an immediate, imminent and substantial endangermen t to human health [27A O.S. §2-5- 105(15)];

Prevent construction, modification, or ope ration of a source in violation of the requirement to have a permit, or in vi olation of any substantive provision or condition of any permit issued pursuant to the Oklahoma CAA [27A O.S. §2-5- 117(A)(2)];

Obtain information necessary to determ ine compliance [27A O.S. §§2-5-105(17), (18)];

Require recordkeeping, make inspections, a nd conduct tests [27A O. S. §2-5-105(17)]; Require the installation, maintenance and use of monitors and require emissions reports of owners or operators [27A O.S. §2-5-112(B)(5)]; and
Make emissions data available to th e public [51 O.S. §§24A.1 through 24A.27].

The appendix contains copies of these referenced statutes.

### 2 OAC 252:4-1-3. Organization (a) Environmental Quality Board. The Environmental Quality Board consists of thirteen (13) members, appointed by the Governor with the a dvice and consent of the Senate, selected from the environmental profession, general industry, hazardous waste industry, solid waste industry, water usage, petroleum industries, agriculture industries, conservation districts, local city or town governments, rural water districts, and statew ide nonprofit environmental organizations. (See further 27A O.S. § 2-2-101.) (b) Advisory Councils. There are seven advisory councils, e ach consisting of nine (9) members appointed by the Speaker of the House of Repr esentatives, the President Pro Tempore of the
Senate or the Governor. (See further 27A O.S. § 2-2-201 and 59 O.S. § 1101 et seq .) (c) DEQ. The DEQ consists of the following division s: Administrative Services, Air Quality, Land Protection, Water Quality, Environmental Complaints and Local Services, Customer Services and the State Environmental Laboratory.

### 3 APPENDIX
LEGAL AUTHORITY

§27A-1-3-101 . State environmental agencies - Jurisdictional areas of environmental responsibilities. A. The provisions of this section specify the jurisdictional areas of responsibility for each state environmental agency and state agencies with limited environmental responsibility. The jurisdictional areas of environmental responsibilit y specified in this sectio n shall be in addition to those otherwise provided by law and assigned to the specific state environmental agency; provided that any rule, interagency agreement or ex ecutive order enacted or entered into prior to the effective date of this section which conflicts with the assignment of jurisdictional environmental responsibilities spec ified by this section is hereby superseded. The provisions of this subsection shall not nullify any financial obligation arising from services rendered pursuant to any interagency agreement or executive order entere d into prior to July 1, 1993, nor nullify any obligations or agreements with private pe rsons or parties entered into with any state environmental agency before July 1, 1993. B. Department of Environmental Quality. The Department of Environmental Quality shall have the following jurisdictional ar eas of environmental responsibility: 1. All point source discharges of pollutants and storm water to waters of the state which originate from municipal, industrial, commer cial, mining, transportation and utilities, construction, trade, real estate and finance, services, public administ ration, manufacturing and other sources, facilities and activities, except as provided in subsections D and E of this section; 2. All nonpoint source discha rges and pollution except as pr ovided in subsections D, E and F of this section; 3. Technical lead agency for point source, nonpoint source and storm water pollution control programs funded under Sec tion 106 of the federal Clean Wate r Act, for areas within the Department’s jurisdiction as provided in this subsection; 4. Surface water and groundwater quality and protection and water qua lity certifications;
5. Waterworks and wastewater works operator certification; 6. Public and priv ate water supplies; 7. Underground injection control pursuant to the federal Safe Dri nking Water Act and 40 CFR Parts 144 through 148, except for: and their accompanying use support assessmen t protocols, anti-degradation policy and implementation, and policies generally affecting Oklahoma Water Quality Standards application and implementation including but not limited to mi xing zones, low flows and variances or any modification or change thereof pursuant to Se ction 1085.30 of Title 82 of the Oklahoma Statutes; 10. Groundwater protection for activities subject to the jurisdictional a. Class II injection wells, b. Class V injection wells utilized in the remediation of groundwater associated with underground or abovegr ound storage tanks regulated by the Corporation Commission,

### 4 c. those wells used for the recovery, inj ection or disposal of mineral brines as defined in the Oklahoma Brine Development Act regulated by the Commission, and d. any aspect of any CO2 sequestration facility, including any associated CO2 injection well, over which the Commissi on is given jurisdiction pursuant to the Oklahoma Carbon Capture a nd Geologic Sequestration Act; 8. Notwithstanding any other pr ovision in this section or other environmental jurisdiction statute, sole and exclusive jurisdiction for ai r quality under the federal Clean Air Act and applicable state law, except for indoor air quality and asbestos as regulated for worker safety by the federal Occupational Safety and Health Act and by Chapter 11 of Title 40 of the Oklahoma Statutes; 9. Hazardous waste and solid waste, incl uding industrial, commercial and municipal
waste; 10. Superfund responsibilitie s of the state under the Comprehensive Environmental Response, Compensation and Liability Act of 1980 and amendments thereto, except the planning requirements of Title III of the Superfund Amendment and Reauthorization Act of 1986;
11. Radioactive waste and all regulatory activities for the use of atomic energy and sources of radiation except for electronic pro ducts used for diagnosis by diagnostic x-ray
facilities and electronic products used for bomb detection by public safety bomb squads within law enforcement agencies of this state or within law enforcement agencies of any political subdivision of this state; 12. Water, waste, and wastewater treatment systems including, but not limited to, septic tanks or other public or priv ate waste disposal systems; 13. Emergency response as specified by law; 14. Environmental laboratory services and laboratory certification;
15. Hazardous substances other than br anding, package and labeling requirements; 16. Freshwater wellhead protection; 17. Groundwater protection for activities s ubject to the jurisdictional areas of environmental responsibility of the Department;
18. Utilization and enforcement of Ok lahoma Water Quality Standards and implementation documents; 19. Environmental regulation of any entity or activity, and the prevention, control and abatement of any pollution, not s ubject to the specific statutor y authority of another state environmental agency; 20. Development and maintenance of a computer ized information system relating to water quality pursuant to Section 1-4-107 of this title; and 21. Development and promulgation of a Water Quality Standards Implementation Plan pursuant to Section 1-1-202 of this title for its jurisdictional area of environmenta l responsibility.
C. Oklahoma Water Resources Board. The Oklahoma Water Resources Board shall have the following jurisdictional areas of environmental responsibility: 1. Water quantity including, but not limite d to, water rights, surface water and underground water, planning, and interstate stream compacts; 2. Weather modification; 3. Dam safety; 4. Flood plain management; 5. State water/wastewater loans and grants revolving fund and other related financial aid

programs;

### 5 6. Administration of the federal State Re volving Fund Program including, but not limited to, making application for and rece iving capitalization grant awards , wastewater prioritization for funding, technical project reviews, environmental review proce ss, and financial review and administration; 7. Water well drillers/pump installers licensing; 8. Technical lead agency fo r clean lakes eligible for f unding under Section 314 of the
federal Clean Water Act or other applicable sections of the federal Clean Water Act or other subsequent state and federal clean lakes programs; administ ration of a state program for assessing, monitoring, studying and restoring Oklahom a lakes with administration to include, but not be limited to, receipt and expenditure of funds from federal, state and private sources for clean lakes and implementation of a volunteer m onitoring program to assess and monitor state water resources, provided such funds from federa l Clean Water Act sources are administered and disbursed by the Office of th e Secretary of Environment; 9. Statewide water quality sta ndards areas of environmental responsibility of the Board; 11. Development and promulgation of a Water Quality Standards Implementation Plan pursuant to Section 1-1-202 of this title for its jurisdictional area of environmenta l responsibility; 12. Development of classifications and identif ication of permitted uses of groundwater, in recognized water rights, and associ ated groundwater recharge areas; 13. Establishment and implementation of a statewide beneficial use monitoring program
for waters of the state in coordination w ith the other state environmental agencies; 14. Coordination with other state environmental agencies and other public entities of water resource investigations conducted by the fede ral United States Geological Survey for water quality and quantity monito ring in the state; and 15. Development and submission of a report concerning the status of water quality monitoring in this state pursuant to Section 1-1-202 of this title. D. Oklahoma Department of Agriculture, Food, and Forestry. 1. The Oklahoma Department of Agriculture, Food, and Forestry shal l have the following jurisdictional areas of environm ental responsibility except as pr ovided in paragraph 2 of this
subsection: a. point source discharges and nonpoint source runoff from agricultural crop production, agricultural se rvices, livestock producti on, silviculture, feed yards, livestock markets and animal waste, b. pesticide control, c. forestry and nurseries, d. fertilizer, e. facilities which store grai n, feed, seed, fertilizer a nd agricultural chemicals, f. dairy waste and wastew ater associated with m ilk production facilities, g. groundwater protection for activities subject to the jurisdictional areas of environmental responsibility of the Department,
h. utilization and enforcement of Ok lahoma Water Quality Standards and implementation documents, i. development and promulgation of a Water Quality Standards Implementation Plan pursuant to S ection 1-1-202 of this title for its jurisdictional areas of envi ronmental responsibility, and j. storm water discharges for activities subject to the jurisdictional areas of environmental responsibility of the Department.

### 6 2. In addition to the jurisdictional areas of environmental responsibility specified in subsection B of this section, the Department of Environmental Quality shall have environmental jurisdiction over: a. (1) commercial manufacturers of fe rtilizers, grain and feed products, and chemicals, and over manu facturing of food and kindred products, tobacco, paper, lumber, wood, textile mill and other agricultural products, (2) slaughterhouses, but not including feedlots at thes e facilities, and (3) aquaculture and fish hatcheries, including, but not limited to, discharges of pollutants and storm water to waters of the state, surface impoundmen ts and land application of wastes and sludge, and other pollution origin ating at these facilities, and b. facilities which store grain, feed, see d, fertilizer, and agricultural chemicals that are required by federal NPDES re gulations to obtain a permit for storm water discharges shall only be subject to the jurisdiction of the Department of Environmental Quality with respec t to such storm water discharges. E. Corporation Commission. 1. The Corporation Commission is hereby vested with exclusive jurisdiction, power and authority, and it shall be its duty to promulgate and enforce rules, and issue and enforce orders governing and regulating: a. the conservation of oil and gas, b. field operations for geologic and geophys ical exploration for oil, gas and brine, including seismic survey wells, stratigraphic test wells and core test wells, c. the exploration, drilling, developmen t, producing or processing for oil and gas on the lease site, d. the exploration, drilling, developm ent, production and operation of wells
used in connection with the recover y, injection or disposal of mineral brines, e. reclaiming facilities only for the proce ssing of salt water, crude oil, natural gas condensate and tank bottoms or ba sic sediment from crude oil tanks, pipelines, pits and equipment associ ated with the e xploration, drilling, development, producing or tran sportation of oil or gas, f. underground injection control pursuant to the federal Safe Drinking Water Act and 40 CFR Parts 144 through 148, of: (1) Class II injection wells, (2) Class V injection wells utilized in the remediation of groundwater associated with underground or aboveground storage tanks regulated by the Commission, (3) those wells used for the recover y, injection or disposal of mineral
brines as defined in the Okla homa Brine Development Act, and (4) any aspect of any CO2 seque stration facility, including any associated CO2 injection well, ove r which the Commission is given jurisdiction pursuant to the Okla homa Carbon Capture and Geologic Sequestration Act. Any substance that the United States Environmental Protection Agency allows to be injected into a Class II well may continue to be so injected,

### 7 g. tank farms for storage of crude oi l and petroleum products which are
located outside the boundaries of refi neries, petrochemical manufacturing plants, natural gas liquid extraction plants, or other fa cilities which are subject to the jurisdiction of the Depa rtment of Environmental Quality with regard to point source discharges, h. the construction and operation of pi pelines and associat ed rights-of-way, equipment, facilities or buildings used in the transportation of oil, gas, petroleum, petroleum products, anhydrous ammonia or mineral brine, or in the treatment of oil, gas or mineral br ine during the course of transportation but not including line pipes in any: (1) natural gas liquids extraction plant, (2) refinery, (3) reclaiming facility other th an for those specified within subparagraph e of this subsection, (4) mineral brine processing plant, and (5) petrochemical manufacturing plant, i. the handling, transportation, storage and disposition of saltwater, mineral brines, waste oil and other deleterious substances produced from or
obtained or used in connection with the drilling, development, producing and operating of oil and gas wells, at: (1) any facility or activity specifically listed in paragraphs 1 and 2 of this subsection as being subject to the jurisdiction of the Commission, and (2) other oil and gas extracti on facilities and activities, j. spills of deleterious substances asso ciated with facilities and activities specified in paragraph 1 of this subsec tion or associated with other oil and gas extraction facilities and activities, k. subsurface storage of oil, natural gas and liquefied petroleum gas in geologic strata, l. groundwater protection fo r activities subjec t to the jurisdic tional areas of environmental responsibility of the Commission,
m. utilization and enforcement of Oklahoma Water Quality Standards and implementation documents, and n. development and promulgation of a Water Quality Standards Implementation Plan pursuant to S ection 1-1-202 of this title for its jurisdictional areas of e nvironmental responsibility. 2. The exclusive jurisdiction, power and authority of the Co mmission shall also extend to the construction, operation, maintenance, site remediation, closure and abandonment of the facilities and activities described in paragraph 1 of this subsection.
3. When a deleterious substance from a Commi ssion-regulated facility or activity enters a point source discharge of polluta nts or storm water from a facil ity or activity regulated by the Department of Environmental Quality, the Departme nt shall have sole jurisdiction over the point source discharge of the commingled pollutants and storm water from the two facilities or activities insofar as Department-regulated facilities and activit ies are concerned. 4. For purposes of the federal Clean Water Act, any facility or activity which is subject to the jurisdiction of the Commission pursuant to pa ragraph 1 of this subsection and any other oil and gas extraction facility or activity which requir es a permit for the discharge of a pollutant or

### 8 storm water to waters of the United States shall be subject to the direct jurisdiction of the federal Environmental Protection Agency and shall not be required to be permitted by the Department of Environmental Quality or the Commission for such discharge. 5. The Commission shall have jurisdiction over: a. underground storage tanks that contai n antifreeze, motor oil, motor fuel, gasoline, kerosene, diesel, or aviation fuel and that are not located at refineries or at the upstream or inte rmediate shipment points of pipeline operations, including, but not limited to, tanks from which these materials are dispensed into vehicles , or tanks used in wholes ale or bulk distribution activities, as well as leaks from pumps, hoses, dispensers, and other ancillary equipment associated with the tanks, whether above the ground or below; provided, that any point source discharge of a pollutant to waters of the United States during site remediation or the off-site disposal of contaminated soil, media, or debris sh all be regulated by the Department of Environmental Quality, b. aboveground storage tanks that contai n antifreeze, motor oil, motor fuel, gasoline, kerosene, diesel, or aviation fuel and that are not located at refineries or at the upstream or inte rmediate shipment points of pipeline operations, including, but not limited to, tanks from which these materials are dispensed into vehicles , or tanks used in wholes ale or bulk distribution activities, as well as leaks from pumps, hoses, dispensers, and other ancillary equipment associated with the tanks, whether above the ground or below; provided, that any point source discharge of a pollutant to waters of the United States during site remediation or the off-site disposal of contaminated soil, media, or debris sh all be regulated by the Department of Environmental Quality, and c. the Petroleum Storage Tank Release Environmental Cleanup Indemnity Fund, the Oklahoma Petroleum Storage Tank Release Indemnity Program, and the Oklahoma Leaking Unde rground Storage Tank Trust Fund. 6. The Department of Environmental Quality shall have sole jurisdiction to regulate the transportation, discharge or release of deleterious substances or solid or hazardous waste or other pollutants from rolling stock and rail facilities. The Department of Environmental Quality shall not have any jurisdiction with respect to pipeline transportation of carbon dioxide. 7. The Department of Environmental Quality shall have sole environmental jurisdiction for point and nonpoint source discharges of pollutants and storm water to waters of the state
from: a. refineries, petrochemical manufact uring plants and natural gas liquid extraction plants, b. manufacturing of equipment and products related to oil and gas, c. bulk terminals, aboveground and underg round storage tanks not subject to the jurisdiction of the Commission pursuant to this subsection, and d. other facilities, activitie s and sources not subject to the jurisdiction of the Commission or the Oklahoma Department of Agriculture, Food, and Forestry as specified by this section. 8. The Department of Environmental Quality shall have sole environmental jurisdiction to regulate air emissions from all facilities and sources subject to operating permit requirements
under Title V of the federal Clean Air Act as amended.

### 9 F. Oklahoma Conservation Commission. The Oklahoma Conservation Commission shall have the following jurisdictional ar eas of environmental responsibility: 1. Soil conservation, erosion control and nonpoint source management except as otherwise provided by law; 2. Monitoring, evaluation and assessment of wa ters to determine the condition of streams and rivers being impacted by nonpoint sour ce pollution. In carrying out this area of responsibility, the Oklahoma Conservation Commissi on shall serve as the t echnical lead agency for nonpoint source categories as defined in Secti on 319 of the federal Clean Water Act or other subsequent federal or state nonpoi nt source programs, except for act ivities related to industrial and municipal storm water or as otherwise provided by state law; 3. Wetlands strategy; 4. Abandoned mine reclamation; 5. Cost-share program for land use activities; 6. Assessment and conservation plan development and implementation in watersheds of clean lakes, as specified by law; 7. Complaint data management;
8. Coordination of environmental and natural resour ces education; 9. Federal upstream flood control program; 10. Groundwater protection for activities s ubject to the jurisdictional areas of environmental responsibility of the Commission; 11. Development and promulgation of a Water Quality Standards Implementation Plan pursuant to Section 1-1-202 of this title for its jurisdicti onal areas of environmental responsibility; 12. Utilization of Oklahoma Water Quality Standards and Implementation documents; and
13. Verification and certifi cation of carbon sequestrati on pursuant to the Oklahoma Carbon Sequestration Enhancement Act. This re sponsibility shall not be superseded by the Oklahoma Carbon Capture and Geologic Sequestration Act. G. Department of Mines. The Department of Mines shall have the following jurisdictional areas of environmental responsibility: 1. Mining regulation; 2. Mining reclamation of active mines; 3. Groundwater protection for activities s ubject to the jurisdictional areas of environmental responsibility of the Commission; and 4. Development and promulgation of a Water Quality Standards Implementation Plan pursuant to Section 1-1-202 of this title for its jurisdictional areas of responsibility. H. Department of Wildlife Conservation. Th e Department of Wildlife Conservation shall have the following jurisdictional areas of environmental responsibilities: 1. Investigating wildlife kills; 2. Wildlife protection and seeki ng wildlife damage claims; and 3. Development and promulgation of a Water Quality Standards Implementation Plan pursuant to Section 1-1-202 of this title for its jurisdicti onal areas of environmental responsibility. I. Department of Public Safety. The Departme nt of Public Safety shall have the following jurisdictional areas of envi ronmental responsibilities: 1. Hazardous waste, substances and material transportation inspections as authorized by the Hazardous Materials Transportation Act; and

### 10 2. Inspection and audit activitie s of hazardous waste and materi als carriers and handlers as authorized by the Hazardous Materials Transportation Act. J. Department of Labor. The Department of Labor shall have the following jurisdictional areas of environmental responsibility: 1. Regulation of asbestos in the workplace pursuant to Chapter 11 of Title 40 of the Oklahoma Statutes; 2. Asbestos monitoring in pub lic and private buildings; and 3. Indoor air quality as regulated under th e authority of the Oklahoma Occupational Health and Safety Standards Act, except for those indoor air qualit y issues specifically authorized to be regulated by another agency. Such programs shall be a function of the De partment’s occupational safety and health jurisdiction. K. Oklahoma Department of Emergency Ma nagement. The Oklahoma Department of Emergency Management shall have the follo wing jurisdictional areas of environmental responsibilities: 1. Coordination of all emergency resources an d activities relating to threats to citizens’ lives and property pursuant to the Oklahoma Emergency Resources Management Act of 1967; 2. Administer and enforce the planning requirements of Title III of the Superfund
Amendments and Reauthorization Act of 1986 a nd develop such other emergency operations plans that will enable the state to prepare for, respond to, recover from and mitigate potential environmental emergencies and disasters pur suant to the Oklahoma Hazardous Materials Planning and Notification Act; 3. Administer and conduct pe riodic exercises of emergency operations plans provided for in this subsection pursuant to the Oklahoma Emergency Resources Management Act of 1967;
4. Administer and facilitate hazardous materials training for state and local emergency planners and first responders pursuant to the Oklahoma Emerge ncy Resources Management Act of 1967; and 5. Maintain a computerized emergency information system allowing state and local access to information regarding hazardous material s’ location, quantity and potential threat.

Added by Laws 1992, c. 398, § 6, eff. July 1, 1993. Amended by Laws 1993, c. 145, § 11, eff. July 1, 1993. Renumbered from § 6 of this title by Laws 1993, c. 145, § 359, eff. July 1, 1993. Amended by Laws 1993, c. 324, § 6, eff. July 1, 1993; Laws 1994, c. 140, § 24, eff. Sept. 1, 1994; Laws 1997, c. 217, § 1, eff. July 1, 1997; Laws 1999, c. 413, § 4, eff. Nov. 1, 1999; Laws 2000, c. 364, § 1, emerg. eff. June 6, 2000; La ws 2002, c. 397, § 1, eff. Nov. 1, 2002; Laws 2004, c. 100, § 2, eff. July 1, 2004; Laws 2004, c. 430, § 11, em erg. eff. June 4, 2004; Laws 2009, c. 429, § 8, emerg. eff. June 1, 2009; Laws 2012, c. 110, § 1, eff. Nov. 1, 2012.

§27A-2-2-104. Board rules incorporating by reference federal provisi ons - No effect on rules from subsequent chan ges in federal provisions. Insofar as permitted by law and upon recommen dation from the appropriate Council, rules promulgated by the Environmental Quality Board ma y incorporate a federal statute or regulation by reference. Any Board rule which incorporates a federal provision by reference incorporates the language of the federal provision as it existed at the time of the inco rporation by reference. Any subsequent modification, repeal or invalidati on of the federal provision shall not be deemed to affect the incorporating Board rule.

### 11 Added by Laws 1994, c. 353, § 3, eff. July 1, 1994.



### §27A-2-3-101. Creation - Powers and dutie s - Disclosure of interests - Employee classification - Programs - Departmental offices and divisions - Annual report - Environmental Quality Report - En vironmental services contracts. A. There is hereby created the De partment of Environmental Quality. B. Within its jurisdictional areas of envi ronmental responsibility, the Department of Environmental Quality, through its duly designated employees or representatives, shall have the power and duty to:
1. Perform such duties as required by law; and 2. Be the official agency of the State of Ok lahoma, as designated by law, to cooperate with federal agencies for point source pollution, solid waste, hazardous materials, pollution, Superfund, water quality, hazardous waste, radi oactive waste, air quality, drinking water supplies, wastewater treatment and any other program authorized by law or executive order. C. Any employee of the Department in a technical, supervisory or administrative position relating to the review, is suance or enforcement of permits pursuan t to this Code w ho is an owner, stockholder, employee or officer of, or who receives compensation from, any corporation, partnership, or other business or entity which is subject to regulation by the Department of Environmental Quality shal l disclose such interest to the Ex ecutive Director. Such disclosure shall be submitted for Board review and shall be made a part of the Board minutes available to the public. This subsection shal l not apply to financial intere sts occurring by reason of an employee's participation in the Oklahoma Stat e Employees Deferred Compensation Plan or publicly traded mutual funds. D. The Executive Director, Deputy Director, and all other positions and employees of the Department at the Division Director level or higher shall be in th e unclassified service. E. The following programs are hereby es tablished within the Department of Environmental Quality: 1. An air quality program which sha ll be responsible for air quality; 2. Water programs which shall be responsible for water quality, including, but not limited to point source and nonpoint source pollution with in the jurisdiction of the Department, public and private water supplies, public and private wastewater treatment, water protection and discharges to waters of the state; 3. Land protection programs which shall be re sponsible for hazardous waste, solid waste, radiation, and municipal, industrial, commercial and other waste within its jurisdictional areas of environmental responsibility pursuant to Section 1-3-101 of this title; and 4. Special projects and services programs whic h shall be responsible for duties related to planning, interagency coordinatio n, technical assistance program s, laboratory services and laboratory certification, r ecycling, education and disse mination of information. F. Within the Department there are hereby created: 1. The complaints program which shall be re sponsible for intake processing, investigation, mediation and conciliation of inquiries and comp laints received by the Department and which shall provide for the expedient resolution of complaints within the jurisdiction of the Department; and 2. The customer assistance program which shal l be responsible for advising and providing to licensees, permittees and those persons repres enting businesses or those persons associated with and representing local political subdivisions desiring a license or permit, the necessary forms and the information necessary to comply w ith the Oklahoma Environmental Quality Code.

### 12 The customer assistance program shall coordina te with other programs of the Department to assist businesses and municipalities in comply ing with state statutes and rules governing
environmental areas. The customer assistance program shall also be responsible for advising and providing assistance to persons desiring information concer ning the Department's rules, laws, procedures, licenses or permits, and forms used to comply with the Oklahoma Environmental Quality Code. G. The Department shall be responsible for ho lding administrative he arings as defined in Section 2-1-102 of this title and shall provide support services related to them, including, but not limited to, giving required notices, maintaining th e docket, scheduling hearings, and maintaining legal records. H. 1. The Department shall prepare and subm it an annual report assessing the status of the Department's programs to the Board, the Gover nor, the President Pro Tempore of the State Senate, and the Speaker of the Oklahoma House of Representatives by January 1 of each year. The annual status report shall incl ude: the number of en vironmental inspections made within the various regulatory areas under the Department's jurisdiction; the number of permit applications submitted within the various regulatory areas under the Department's jurisdiction; the number of permits issued within the vari ous regulatory areas under the De partment's jurisdiction; the number and type of complaints filed with the Department; the number of resolved and unresolved Department complaints; a list of any permits and complaints which failed to be either completed or resolved within the Department's established time frames and an explanation of why the Department was unable to meet said ti me frames; the number and kinds of services provided corporations, businesses, cities, towns, schools, citizen groups and individuals by the customer assistance programs; a summary of the Department's environmental education efforts; the number and type of administrative hearings held and their outcomes; a detailed description of any promulgated and pending emergency or perm anent rules requested by the Department and the current status of pending ru les within the rulemaking process; the number of notices of violations issued by the Department within the various regulatory areas unde r its jurisdiction; the amount of penalties collected by the Department within the various regu latory areas under its jurisdiction; and any other information whic h the Department believes is pertinent. 2. Beginning January 1, 1995, and on or before January 1 of every y ear thereafter, the Department shall prepare an Oklahoma Envi ronmental Quality Report which outlines the Department's annual needs for providing environmen tal services within its jurisdictional areas. The report shall reflect any new federal mandates and any state statutory or constitutional changes recommended by the Department with in its jurisdictional areas. The Oklahoma Environmental Quality Report shall be review ed, amended, and approved by the Board. The Department shall transmit an approved copy of the Oklahoma Environmen tal Quality Report to the Governor, President Pro Te mpore of the State Senate, and Speaker of the House of Representatives.
3. The Executive Director shall establish su ch divisions and such other programs and offices as the Executive Director may determine necessary to implement and administer programs and functions within the jurisdiction of the Department pursuant to the Oklahoma Environmental Quality Code. I. 1. The Department may contract with other governmental entities to provide environmental services. Such contracts may in clude duties related to providing information to the public regarding state environmental serv ices, resources, permitting requirements and procedures based upon the abili ty, education and training of state environmental agency employees.

### 13 2. The Department, in conjunc tion with the state environmen tal agencies, may develop a program for the purpose of traini ng government employees to provide any needed environmental services; provided, that the investigation of co mplaints regarding, or inspections of, permitted
sites or facilities shall not be performed by employees of other agencies, unless otherwise authorized by law.

Added by Laws 1992, c. 398, § 9, eff. Jan. 1, 1993. Amended by Laws 1993, c. 145, § 16, eff. July 1, 1993. Renumbered from § 9 of this title by Laws 1993 , c. 145, § 359, eff. July 1, 1993. Amended by Laws 1993, c. 324, § 5, eff. July 1, 1993; Laws 1995, c. 246, § 1, eff. Nov. 1, 1995; Laws 2002, c. 139, § 1, emerg. eff. April 29, 2002.



### §27A-2-5-105. Administrative agency - Powers and duties. The Department of Environmental Quality is hereby designated the administrative agency
for the Oklahoma Clean Air Act for the st ate. The Department is empowered to: 1. Establish, in accordance with its provision s, those programs specified elsewhere in the Oklahoma Clean Air Act; 2. Establish, in accordance with the Oklahom a Clean Air Act, a permitting program for
the state which will contain the flexible source operation provisi ons required by Section 502(b)(10) of the Federal Clean Air Act Amendments of 1990; 3. Prepare and develop a general plan for pr oper air quality manageme nt in the state in accordance with the Oklahoma Clean Air Act; 4. Enforce rules of the Board and orders of the Department and the Council; 5. Advise, consult and cooperate with other agencies of the state, towns, cities and counties, industries, other states and the fede ral government, and with affected groups in the prevention and control of new and existing ai r contamination sources within the state; 6. Encourage and conduct studies, seminars, workshops, investigations and research relating to air polluti on and its causes, effects, pr evention, control and abatement;
7. Collect and disseminate information relati ng to air pollution, its prevention and control; 8. Encourage voluntary cooperation by persons, towns, cities and counties, or other affected groups in restoring a nd preserving a reasonable degree of purity of air within the state; 9. Represent the State of Oklahoma in any a nd all matters pertaining to plans, procedures or negotiations for the interstate compacts in relation to the cont rol of air pollution; 10. Provide such technical, sc ientific or other services, including laboratory and other facilities, as may be required for the purpose of carrying out the provisions of the Oklahoma Clean Air Act, from funds available for such purposes; 11. Employ and compensate, within funds av ailable therefor, such consultants and technical assistants and such other employees on a full- or part-time basis as may be necessary to carry out the provisions of the Oklahoma Clean Air Act and prescribe th eir powers and duties; 12. Accept and administer grants or other f unds or gifts for the purpose of carrying out any of the functions of th e Oklahoma Clean Air Act; 13. Budget and receive duly appropriated moni es and all other monies available for expenditures to carry out the provisions and purposes of the Oklahoma Clean Air Act; 14. Bring appropriate court ac tion to enforce the Oklahoma Cl ean Air Act and final orders of the Department, and to obtain injunctive or ot her proper relief in the district court of the county where any alleged violation occurs or wh ere such relief is determined necessary. The Department, in furtherance of its statutory powers, shall have the independent authority to file an

### 14 action pursuant to the Oklahoma Clean Air Act in di strict court. Such ac tion shall be brought in the name of the Department of Environmental Quality; 15. Take such action as may be necessary to abate the alleged pollution upon receipt of evidence that a source of pollution or a combin ation of sources of pollution is presenting an immediate, imminent and substantial e ndangerment to the health of persons; 16. Periodically enter and insp ect at reasonable times or dur ing regular business hours, any source, facility or premises permitted or regulated by the Department, for the purpose of obtaining samples or determining compliance w ith the Oklahoma Clean Air Act or any rule promulgated thereunder or permit condition prescr ibed pursuant theret o, or to examine any records kept or required to be kept pursuant to the Oklahoma Clean Air Act. Such inspections
shall be conducted with reasonab le promptness and shall be confin ed to those areas, sources, facilities or premises reasonably expected to emit, control, or contribute to the emission of any air contaminant; 17. Require the submission or the production and examin ation, within a reasonable amount of time, of any information, record, docum ent, test or monitoring results or emission data, including trade secrets necessary to de termine compliance with the Oklahoma Clean Air Act or any rule promulgated thereunder, or an y permit condition prescrib ed or order issued pursuant thereto. The Department shall hold and keep as confidential any information declared by the provider to be a trade secret and may onl y release such information upon authorization by the person providing such information, or as directed by court order. Any documents submitted pursuant to the Oklahoma Clean Air Act and declared to be trade secrets, to be so considered, must be plainly labeled by the provider, and be in a form whereby the confidential information may be easily removed intact without disturbing the continuity of a ny remaining documents. The remaining document, or documents, as subm itted, shall contain a nota tion indicating, at the place where the particular information was origin ally located, that conf idential information has been removed. Nothing in this section shall pr eclude an in-camera examination of confidential information by an Administrative Law Judge during the course of a contested hearing; 18. Maintain and update at least annually an inventory of air emissi ons from stationary

sources; 19. Accept any authority delegated from the federal government nece ssary to carry out any portion of the Oklahoma Clean Air Act; and 20. Carry out all other duties, requirements and responsibilities necessary and proper for the implementation of the Oklahoma Clean Air Act and fulfilling the require ments of the Federal
Clean Air Act.

Added by Laws 1992, c. 215, § 4, emerg. eff. May 15 , 1992. Amended by Laws 1993, c. 145, § 42, eff. July 1, 1993. Renumbered from § 1-1805.1 of Title 63 by Laws 1993, c. 145, § 359, eff. July 1, 1993. Amended by Laws 1998, c. 314, § 6, eff. July 1, 1998; Laws 2002, c. 397, § 2, eff. Nov. 1, 2002.

NOTE: Laws 1993, c. 47, § 1 repealed by Laws 1994, c. 2, § 34, emerg. eff. March 2, 1994.



### §27A-2-5-106. Rules and regulations. The Board is hereby authorized, after public rulemaking hearing and approval by the Council, to: 1. Promulgate, amend or repeal rules for the prevention, control and abatement of air pollution and for establishment of health and safety tolerance standards for discharge of air contaminants to the atmosphere; and

### 15 2. Promulgate such additional rules including but not limited to permit fees, as it deems necessary to protect the health, safety and welfar e of the public and fulfill the intent and purpose of these provisions.

Added by Laws 1992, c. 215, § 5, emerg. eff. May 15 , 1992. Amended by Laws 1993, c. 145, § 43, eff. July 1, 1993. Renumbered from Title 63, § 1-1806.1 by Laws 1993, c. 145, § 3 59, eff. July 1, 1993.



### §27A-2-5-107. Air Quality Council - Powers and duties. The powers and duties of the Council shall be as follows:
1. The Council shall recommend to the Boar d rules or amendments thereto for the prevention, control and prohibition of air pollution and for the establ ishment of health and safety tolerances for discharge of air contaminants in the state as may be cons istent with the general intent and purposes of the Oklahoma Clean Ai r Act. The recommendations may include, but need not be limited to, rules required to implement the following: a. a comprehensive state air permitting program, b. an accidental release prevention program, c. a program for the regulation and control of toxic and hazardous air contaminants, d. a program for the regulation a nd control of acid deposition, e. a small business program, and f. a system of assessing and collecting fees; 2. The Council shall recommend rules of practi ce and procedure applicable to proceedings before the Council; 3. Before recommending any permanent rules, or any amendment or repeal thereof to the Board, the Council shall hold a public rulemaking h earing. The Council shall have full authority to conduct such hearings, and may appoint a hearing officer; 4. A rule, or any amendment thereof, reco mmended by the Council may differ in its terms and provisions as between particul ar conditions, particular sources , and particular areas of the state. In considering rules, the Council shall gi ve due recognition to the evidence presented that the quantity or characteristic of air contamin ants or the duration of their presence in the atmosphere, which may cause a need for air contro l in one area of the state, may not cause need
for air control in another area of the state. The Council shall take into c onsideration, in this connection, all factors found by it to be proper and just, including but not limited to existing physical conditions, economic impact, topogra phy, population, prevailing wind directions and velocities, and the fact that a rule and the degrees of conf ormance therewith which may be proper as to an essentially reside ntial area of the state may not be proper either as to a highly developed industrial area of the state or as to a relatively unpopulated area of the state;
5. Recommendations to the Board shall be in writing and concurred upon by at least five members of the Council; 6. The Council shall have the authority and th e discretion to provide a public forum for the
discussion of issues it consid ers relevant to the air quality of the state, and to: a. pass nonbinding resolutions expr essing the sense of the Council, b. make recommendations to the Depart ment concerning the need and the desirability of conducting public mee tings, workshops and seminars, and c. hold public hearings to receive public comment in fulfillment of federal requirements regarding the State Implementation Plan and make recommendations to the Depart ment concerning the plan; and

### 16 7. The Council shall have the authority to conduct individual proceedings, to issue notices of hearings and subpoenas requiring the attendan ce of witnesses and the production of evidence, to administer oaths, and to take testimony and re ceive such pertinent and relevant proof as it may deem to be necessary, proper or desirable in order that it may e ffectively discharge its duties and responsibilities under the Oklahoma Clean Air Act. The Counc il is also empowered to appoint an Administrative Law Judge to conduct individual proceedings and prepare such findings of fact, conclusions of law and proposed orders as they may require. Upon issuance of a proposed order, the Council shall re quest that the Executive Director is sue a final order in accordance with their findings or take such action as indicat ed and notify the respondent thereof in writing.

Added by Laws 1992, c. 215, § 7, emerg. eff. May 15 , 1992. Amended by Laws 1993, c. 145, § 44, eff. July 1, 1993. Renumbered from Title 63, § 1-1808.1 by Laws 1993, c. 145, § 359, eff. July 1, 1993. Amended by Laws 1994, c. 353, § 7, eff. July 1, 1994.



### §27A-2-5-110. Violations - Compliance orders - Administrative penalties - Notice and hearing - Burden of proof - Settlements or consent orders. A. In addition to any other remedy provi ded for by law, the Department may issue a written order to any person whom the Department has reason to believe has violated, or is presently in violation of, the Oklahoma Clean Ai r Act or any rule promulgated by the Board, any order of the Department or Council, or any condition of any permit issued by the Department pursuant to the Oklahoma Clean Air Act, and to whom the Department has served, no less than fifteen (15) days previously, a written notice of violation. The Department shall by conference, conciliation and persuasion provide the person a reasonable opportunity to eliminate such violations, but may, however, reduce the fifteen -day notice period as in the opinion of the Department may be necessary to rend er the order reasonably effectual. B. Such order may require compliance immedi ately or within a specified time period or both. The order, notwithstanding any restriction contained in subsection A of this section, may also assess an administrative penalty for past vi olations occurring no more than five (5) years prior to the date the order is filed with the Depart ment, and for each day or part of a day that such person fails to comply with the order. C. Any order issued pursuant to this section shall state with specificity the nature of the violation or violations, and may impose such requirements, procedures or conditions as may be necessary to correct the violations. The Department may also order any environmental contamination having the potentia l to adversely affect the publ ic health, when caused by the violations, to be corrected by th e person or persons responsible. D. Any penalty assessed in the order sh all not exceed Ten Thous and Dollars ($10,000.00) per day for each violation. In assessing such pe nalties, the Department shall consider the
seriousness of the violation or violations, any good faith efforts to comply, and other factors determined by rule to be relevant. A final or der following an enforcement hearing may assess an administrative penalty of an amount based upon c onsideration of the evidence but not exceeding
the amount stated in the written order. E. Any order issued pursuant to this section shall become a final orde r, unless no later than fifteen (15) days after the order is served the person or persons named therein request in writing an enforcement hearing. Said order shall contain language to that effect. Upon such request, the Department shall promptly schedule the enfor cement hearing before an Administrative Law Judge for the Department and notify the respondent.

### 17 F. At all proceedings with respect to any a lleged violation of the Oklahoma Clean Air Act, or any rule promulgated thereunder, the bur den of proof shall be upon the Department. G. Nothing in this section shall be construe d to limit the authority of the Department to enter into an agreed settlement or consent order with any respondent.

Added by Laws 1992, c. 215, § 10, emerg. eff. May 15, 1992. Amended by Laws 1993, c. 145, § 47, eff. July 1, 1993. Renumbered from § 1-1811 of Title 63 by Laws 1993, c. 145, § 359, eff. July 1, 1993. Amended by Laws 1993, c. 324, § 13, eff. July 1, 1993; Laws 1999, c. 131, § 1, eff. Nov. 1, 1999; Laws 2001, c. 109, § 1, emerg. eff. April 18, 2001.



### §27A-2-5-112. Comprehensive permitting pr ogram - Issuance, denial or renewal. A. Upon the effective date of permitting rules promulgated pursuant to the Oklahoma Clean Air Act, it shall be unlawful for any person to construct any new sour ce, or to modify or operate any new or existing source of emission of air contaminants except in compliance with a permit issued by the Department of Environmenta l Quality, unless the source has been exempted or deferred or is in compliance w ith an applicable deadline for submission of an application for such permit. B. The Department shall have the authority and the responsibility, in accordance with rules of the Environmental Qual ity Board, to implement a comprehensive permitting program for the state consistent with the requirements of th e Oklahoma Clean Air Act. Such authority shall include but shall not be limited to the authority to: 1. Expeditiously issue, reissu e, modify and reopen for cause, permits for new and existing sources for the emission of air contaminants, and to grant a reasonable measure of priority to the processing of applications for new construction or modifications. The Department may also revoke, suspend, deny, refuse to issue or to reissue a permit upon a determination that any permittee or applicant is in viol ation of any substantive provis ions of the Oklahoma Clean Air Act, or any rule promulgated thereunder or any permit issued pursuant thereto; 2. Refrain from issuing a permit when issuance has been objected to by the Environmental Protection Agency in accordance with Title V of the Federal Clean Air Act; 3. Revise any permit for cause or automatically reopen it to incorporate newly applicable rules or requirements if the remaining permit term is greater than three (3) years; or incorporate insignificant changes into a perm it without requiring a revision;
4. Establish and enforce re asonable permit conditions whic h may include, but not be
limited to: a. emission limitations for regulated air contaminants, b. operating procedures when related to emissions, c. performance standards, d. provisions relating to en try and inspections, and e. compliance plans and schedules; 5. Require, if necessary, at the expe nse of the permittee or applicant:
a. installation and utilization of continuous monitoring devices, b. sampling, testing and monitoring of emissions as needed to determine compliance, c. submission of reports and test results, and d. ambient air modeling and monitoring;
6. Issue: a. general permits covering similar sources, and

### 18 b. permits to sources in violation, when compliance plans, which shall be enforceable by the Department, are incorporated into the permit; 7. Require, at a minimum, that emission control devices on stationary sources be reasonably maintained and properly operated; 8. Require that a permittee certify that the f acility is in compliance with all applicable requirements of the permit and to promptly repor t any deviations therefrom to the Department; 9. Issue permits to sources requiring permits under Title V of the Federal Clean Air Act for a term not to exceed five (5) years, except that solid waste incinerators may be allowed a term of up to twelve (12) years provided that th e permit shall be reviewed no less frequently than every five (5) years; 10. Specify requirements and conditions appl icable to the content and submittal of permit applications; set by rule, a reasonable time in which the Department must determine the completeness of such applications; and
11. Determine the form and content of emissi on inventories and require their submittal by any source or potential source of air contaminant emissions. C. Rules of the Board may set limits below which a source of air contaminants may be exempted from the requirement to obtain a permit or to pay any fee. Any source so exempted, however, shall remain under jurisdiction of the Depa rtment and shall be subj ect to any applicable rules or general permit requirements. Such rules shall not prohibit sawmill facilities from open burning any wood waste resulting from the milling of untreated cottonwood lumber in areas that have always attained ambient air quality standards. D. To ensure against unreasonable delay on th e part of the Departme nt, the failure of the Department to act in either the issuance, denial or renewal of a permit in a reasonable time, as determined by rule, shall be deemed to be a fi nal permit action solely for purpose of judicial
review under the Administrative Pr ocedures Act, with regard to the appli cant or any person who participated in the public review process. The Supreme Court or the district court, as the case may be, may require that action be taken by the Department on the application without additional delay. No permit, however, may be issued by default. E. The Department shall notify, or require th at any applicant notify, all states whose air quality may be affected and that are contiguous to the State of Oklahoma, or are within fifty (50) miles of the source of each permit application or proposed permit for those sources requiring permits under Title V of the Federal Clean Air Ac t, and shall provide an opportunity for such states to submit written recommendations respecti ng the issuance of the permit and its terms and
conditions. F. No person, including but not limited to th e applicant, shall raise any reasonably ascertainable issue in any future proceeding, unless the same issues have been raised and documented before the close of the public comment period on the draft permit. G. A change in ownership of any facility or source subject to permitting requirements under this section shall not necessitate any acti on by the Department not otherwise required by the Oklahoma Clean Air Act. Any permit applicable to such source at the time of transfer shall be enforceable in its entirety against the transferee in the same manner as it would have been against the transferor, as shall any requirement contained in any rule, or compliance schedule set forth in any variance or order regarding or a pplicable to such source. Provided, however, no transferee in good faith shall be held liable for pena lties for violations of the transferor unless the transferee assumes all assets and liabilities through contract or other means. For the purposes of this subsection, good faith shall be construed to mean neither having actual knowledge of a previous violation nor construc tive knowledge which would lead a reasonable pe rson to know of

### 19 the violation. It shall be the responsibility of the transferor to notify the Department in writing within thirty (30) days of the change in ownership. H. Operating permits may be issued to new sources without pub lic review upon a proper determination by the Department that: 1. The construction permit was issued pursuan t to the public review requirements of the Code and rules promulgated thereunder; and 2. The operating permit, as issued, does not differ from the construction permit in any manner which would otherwise subj ect the permit to public review.

Added by Laws 1992, c. 215, § 12, emerg. eff. May 15, 1992. Amended by Laws 1993, c. 145, § 49, eff. July 1, 1993. Renumbered from § 1-1813 of Title 63 by Laws 1993, c. 145, § 359, eff. July 1, 1993. Amended by Laws 1994, c. 373, § 16, eff. July 1, 1994; Laws 1995, c. 285, § 2, eff. July 1, 1996; Laws 1999, c. 284, § 1, emerg. eff. May 27, 1999; Laws 2000 , c. 6, § 7, emerg. eff. March 20, 2000; Laws 2004, c. 83, § 1, emerg. eff. April 13, 2004; Laws 2004, c. 381, § 4, emerg. eff. June 3, 2004.

NOTE: Laws 1999, c. 131, § 2 repealed by Laws 2000, c. 6, § 33, emerg. eff. March 20, 2000.



### §27A-2-5-114. Implementation and enforcement of federal emission standards - Oil and gas well and equipment emissions. A. The Department shall have the authority to establish a program for the implementation
and enforcement of the federal emission standa rds and other requirements under Section 112 of the Federal Clean Air Act for hazardous air pollut ants and for the prevention and mitigation of accidental releases of regulated substances unde r Section 112(r) of the Federal Clean Air Act. 1. Except as otherwise provided by paragraph 2 of this subsection, to assure that such program shall be consistent with, and not more stringent than, federal requirements: a. any rule recommended by the C ouncil and promulgated by the Board regarding hazardous air pollu tants and regulated substances shall only be by adoption by reference of fi nal federal rules, and
b. shall include the federa l early reduction program under Section 112(i) (5) of
the Federal Clean Air Act. 2. The Board may promulgate, pursuant to recommendation by the Council, rules which establish emission limitations for hazardous air pol lutants which are more stringent than the applicable federal standards, upon a determinati on by the Council that mo re stringent standards are necessary to protect the public health or the environment. B. The Department shall also have the authority to establish a separate and distinct program only for the control of the emission of those toxic air contaminants not otherwise regulated by a final emission standard under S ection 112(d) of the Federal Clean Air Act. 1. Such program shall consist of permanent rules establishing: a. appropriate emission limitations, work practice standards, maximum acceptable ambient concentrations or control technology standards necessary for the protection of the pub lic health or the environment, and b. emissions monitoring or process m onitoring requirements necessary to assure compliance with the re quirements of this section. 2. Paragraph 1 of this subsection shall not be construed as requiring readop tion of existing rules regarding toxic air contaminants. C. Regulation of any hazardous air pollutant pursuant to a final emission standard promulgated under Section 112(d) of the Federal Cl ean Air Act, shall preclude its regulation as a
toxic air contaminant under subs ection B of this section.

### 20 D. Emissions from any oil or gas explora tion or production well with its associated equipment, and emissions from any pipeline compre ssor or pump station sh all not be aggregated with emissions from other similar units, whether or not such units are in a contiguous area or under common control, to determine whether such units or stations are major sources, and in the case of any oil or gas exploration or producti on well with its associated equipment, such emissions shall not be aggregated for any purpose under this section. E. The Department shall not list oil and gas production wells with their associated equipment as an area source category, except that the Department may establish an area source category for oil and gas production wells located in any metropolitan statistical area or consolidated metropolitan statistical area w ith a population in excess of one million (1,000,000) if the Department determines that emissions of hazardous air pollutants from such wells present more than a negligible risk of adverse effects to public health. F. Nothing in this section shall be construed to limit authority established elsewhere in the
Oklahoma Clean Air Act.

Added by Laws 1992, c. 215, § 14, emerg. eff. May 15, 1992. Amended by Laws 1993, c. 145, § 51, eff. July 1, 1993. Renumbered from Title 63, § 1-1815 by Laws 1993, c. 145, § 359, eff. July 1, 1993.



### §27A-2-5-117. Civil actions - Injuncti ons - Abatement - Civil penalties. A. The Department shall have the authority to commence a civil acti on for a permanent or temporary injunction or other ap propriate relief, or to requir e abatement of any emission or correction of any contamination, or to seek and recover a civil penalty of not more than Ten Thousand Dollars ($10,000.00) per day for each viol ation, or all of the above, in any of the following instances: 1. Whenever any person has violated or is in violation of any appl icable provision of the Oklahoma Clean Air Act, or any rule promulgated thereunder; 2. Whenever any person has commenced c onstruction, modification or operation of any source, or operates any source in violation of the re quirement to have a permit, or violates or is in violation of any substantive provision or condition of any permit issued pursuant to the Oklahoma Clean Air Act; or 3. Whenever any person has violated any orde r of the Department or the Council or any requirement to pay any fee, fine or penalty owed to the state pursuant to the Oklahoma Clean Air
Act. B. The district attorney or attorneys havi ng jurisdiction shall have primary authority and responsibility for prosecution of any civil or criminal violations under the Oklahoma Clean Air Act and for the collection of any delinquent fees , penalties or fines assessed pursuant to the
Oklahoma Clean Air Act and shall be entitled to r ecover reasonable costs of collection, including attorney fees, and an appropriate fee of up to fifty percent (50 %) for collecting delinquent fees, penalties or fines.

Added by Laws 1992, c. 215, § 17, emerg. eff. May 15, 1992. Amended by Laws 1993, c. 145, § 54, eff. July 1, 1993. Renumbered from Title 63, § 1-1818 by Laws 1993, c. 145, § 359, eff. July 1, 1993.

### 21 OPEN RECORDS ACT

§51-24A.1. Short title. Section 24A.1 et seq. of this title shall be known and may be cited as the "Oklahoma Open
Records Act".

Added by Laws 1985, c. 355, § 1, eff. Nov. 1, 1985. Amended by Laws 1988, c. 68, § 1, eff. Nov. 1, 1988; Laws 1988, c. 187, § 1, emerg. eff. June 6, 1988; Laws 1996, c. 247, § 41, eff. July 1, 1996; Laws 1997, c. 2, § 10, emerg. eff. Feb. 26, 1997.

NOTE: Laws 1996, c. 209, § 1 repealed by Laws 1997, c. 2, § 26, emerg. eff. Feb. 26, 1997.



### §51-24A.2. Public policy - Purpose of act. As the Oklahoma Constitution recognizes and guar antees, all political power is inherent in the people. Thus, it is the public policy of the St ate of Oklahoma that the people are vested with the inherent right to know and be fully info rmed about their government. The Oklahoma Open Records Act shall not create, dire ctly or indirectly, any rights of privacy or any remedies for violation of any rights of privacy; nor shall the Oklahoma Open Records Act, except as specifically set forth in the Oklahoma Open Record s Act, establish any pr ocedures for protecting any person from release of information contained in public records. The pur pose of this act is to ensure and facilitate the public's right of access to and review of government records so they may efficiently and intelligently exercise their inhe rent political power. Th e privacy interests of individuals are adequately prot ected in the specific exceptions to the Oklahoma Open Records
Act or in the statutes which aut horize, create or require the reco rds. Except where specific state or federal statutes create a confidential privil ege, persons who submit information to public bodies have no right to keep this information fr om public access nor reas onable expectation that this information will be kept from public acce ss; provided, the person, agency or political
subdivision shall at all times bear the burden of establishing such records are protected by such a confidential privilege. Except as may be require d by other statutes, public bodies do not need to follow any procedures for providing access to pub lic records except those specifically required by the Oklahoma Open Records Act.

Added by Laws 1985, c. 355, § 2, eff. Nov. 1, 1985 . Amended by Laws 1988, c. 187, § 2, emerg. eff. June 6, 1988.



### §51-24A.3. Definitions

. As used in this act: 1. "Record" means all documents, includin g, but not limited to, any book, paper, photograph, microfilm, data files created by or used with comput er software, co mputer tape, disk, record, sound recording, film recording, video record or other material regardless of physical form or characteristic, created by, rece ived by, under the author ity of, or coming into the custody, control or possession of public offici als, public bodies, or th eir representatives in connection with the transaction of public busin ess, the expenditure of public funds or the administering of public prope rty. "Record" does not mean: a. computer software, b. nongovernment personal effects,

### 22 c. unless public disclosure is required by other laws or regulations, vehicle
movement records of the Oklahoma Transportation Authority obtained in connection with the Authority's electronic toll collection system, d. personal financial information, credit reports or other financial data obtained by or submitted to a public body for the purpose of evaluating credit worthiness, obtaining a license, permit, or for the purpose of becoming qualified to cont ract with a public body, e. any digital audio/vide o recordings of the toll collection and safeguarding activities of the Oklahoma Transportation Authority, f. any personal information provided by a guest at any facility owned or operated by the Oklahoma Tourism a nd Recreation Department or the Board of Trustees of the Quartz Mount ain Arts and Conference Center and Nature Park to obtain any service at the facility or by a purchaser of a product sold by or through the Oklahoma Tourism and Recreation Department or the Quartz Mountain Arts and Conference Center and Nature Park, g. a Department of Defense Form 214 (DD Form 214) filed with a county clerk, including any DD Form 214 filed befo re the effective da te of this act,

or h. except as provided for in Section 2-110 of Title 47 of the Oklahoma Statutes, (1) any record in connection with a Motor Vehicle Report issued by the Department of Public Safety, as pr escribed in Section 6-117 of Title 47 of the Oklahoma Statutes, (2) personal information within dr iver records, as defined by the Driver’s Privacy Protection Act, 18 United States Code, Sections 2721 through 2725, which are stored and maintained by the Department of Public Safety, or (3) audio or video recordings of the Department of Public Safety; 2. "Public body" shall include, but not be lim ited to, any office, department, board, bureau, commission, agency, trusteeship, authority, counc il, committee, trust or any entity created by a trust, county, city, village, tow n, township, district, school distri ct, fair board, court, executive office, advisory group, task for ce, study group, or any subdivision thereof, supported in whole or in part by public funds or entrusted with the expenditure of public funds or administering or operating public property, and all committees, or subcommittees thereof. Except for the records required by Section 24A.4 of this ti tle, "public body" does not mean judges, justices, the Council on Judicial Complaints, the Le gislature, or legislators; 3. "Public office" means the physical locat ion where public bodies conduct business or keep records; 4. "Public official" means any official or employee of any public body as defined herein;
and 5. "Law enforcement agency" means any public body charged with enforcing state or local criminal laws and initiating criminal pros ecutions, including, but not limited to, police departments, county sheriffs, the Department of Public Safety, the Oklahoma State Bureau of Narcotics and Dangerous Drugs Control, th e Alcoholic Beverage Laws Enforcement Commission, and the Oklahoma State Bureau of Investigation.

### 23 Added by Laws 1985, c. 355, § 3, eff. Nov. 1, 1985 . Amended by Laws 1987, c. 222, § 117, operative July 1, 1987; Laws 1988, c. 187, § 3, emerg. eff. June 6, 1988; Laws 1993, c. 39, § 1, eff. Sept. 1, 1993; Laws 1996, c. 209, § 2, eff. Nov. 1, 1996; Laws 1998 , c. 315, § 4, emerg. eff. May 28, 1998; Laws 1998, c. 368, § 11, eff. July 1, 1998; Laws 2001, c. 355, § 1, emerg. eff. June 1, 2001; Laws 2002, c. 478, § 2, eff. July 1, 2002; Laws 2003, c. 3, § 42, emerg. eff. March 19, 2003; Laws 2004, c. 328, § 1, eff. July 1, 2004; Laws 2005, c. 199, § 4, eff. Nov. 1, 2005.

NOTE: Laws 2002, c. 293, § 3 repealed by Laws 2003, c. 3, § 43, emerg. eff. March 19, 2003.



### §51-24A.4. Record of receipts and expenditures. In addition to other records which are kept or maintained, every public body and public official has a specific duty to keep and maintain complete records of the receipt and expenditure of any public funds reflecting all financial and busi ness transactions relati ng thereto, except that such records may be dispos ed of as provided by law.

Added by Laws 1985, c. 355, § 4, eff. Nov. 1, 1985.



### §51-24A.5. Inspection, copying and/or mechanic al reproduction of records - Exemptions. All records of public bodies an d public officials shall be open to any person for inspection, copying, or mechanical reproduction duri ng regular business hours; provided: 1. The Oklahoma Open Records Act, Secti ons 24A.1 through 24A.28 of this title, does not apply to records specifically required by law to be kept confidential including: a. records protected by a state evidentiary privilege such as the attorney-client privilege, the work product immunity from discovery and the identity of informer privileges, b. records of what transpired during mee tings of a public body lawfully closed to the public such as executive sess ions authorized under the Oklahoma Open Meeting Act, Section 301 et seq. of Title 25 of the Oklahoma Statutes, c. personal information within driver records as defined by the Driver’s Privacy Protection Act, 18 United St ates Code, Sections 2721 through 2725,

or d. information in the files of the Board of Medicolegal Investigations obtained pursuant to Sections 940 and 941 of Title 63 of the Oklahoma Statutes that may be hearsay, preliminary unsubstantia ted investigation-related findings,
or confidential medical information. 2. Any reasonably segregable portion of a re cord containing exempt material shall be provided after deletion of the ex empt portions; provided however, the Department of Public Safety shall not be required to assemble for the requesting person specific information, in any format, from driving records relating to any person whose name and date of birth or whose driver
license number is not furnis hed by the requesting person.
The Oklahoma State Bureau of I nvestigation shall not be required to assemble for the requesting person any criminal history records relating to persons whose names, dates of birth, and other identifying information required by the Oklahoma State Bureau of Investigation pursuant to
administrative rule are not furn ished by the requesting person. 3. Any request for a record which contains in dividual records of persons, and the cost of copying, reproducing or certify ing each individual record is ot herwise prescribed by state law,

### 24 the cost may be assessed for each individual recor d, or portion thereof requested as prescribed by state law. Otherwise, a public body may charge a fee only for rec overy of the reasonable, direct costs of record copying, or mechanical repr oduction. Notwithstanding any state or local provision to the contrary, in no instance shall the record copyi ng fee exceed twenty-five cents ($0.25) per page for records having the dimensions of eight and one-half (8 1/2) by fourteen (14) inches or smaller, or a maximum of One Dolla r ($1.00) per copied page for a certified copy. However, if the request: a. is solely for commercial purpose, or b. would clearly cause exce ssive disruption of the e ssential functions of the public body, then the public body may charge a reasonable fee to recover the direct cost of record search and copying; however, publication in a newspaper or broadcast by news media for news purposes shall not constitute a resale or use of a record for trade or commercial purpose and charges for providing copies of electronic data to the ne ws media for a news purpose shall not exceed the direct cost of making the copy. The fee charged by the Department of Public Safety for a copy in a computerized format of a record of the De partment shall not exceed the direct cost of making the copy unless the fee for the record is otherw ise set by law. Any public body establishing fees u nder this act shall post a writt en schedule of the fees at its principal office and with the county clerk. In no case shall a search fee be charged when the release of records is in the public interest, including, but not limited to, release to the news media, scholars, authors and taxpayers seeking
to determine whether those entrusted with the a ffairs of the government are honestly, faithfully, and competently performing their duties as public servants. The fees shall not be used for the purpose of discouraging requests for information or as
obstacles to disclosure of requested information. 4. The land description tract index of all recorded instruments c oncerning real property required to be kept by the county clerk of any c ounty shall be available fo r inspection or copying in accordance with the provisions of the Oklaho ma Open Records Act; provided, however, the index shall not be copied or mechanically reprod uced for the purpose of sale of the information. 5. A public body must provide prompt, reasonab le access to its records but may establish reasonable procedures which protect the integrity and organization of its records and to prevent excessive disruptions of its essential functions. 6. A public body shall designate certain persons who are author ized to release records of the public body for inspection, copying, or mechanic al reproduction. At l east one person shall be
available at all times to release records dur ing the regular business hours of the public body.

Added by Laws 1985, c. 355, § 5, eff. Nov. 1, 1985 . Amended by Laws 1986, c. 213, § 1, emerg. eff. June 6, 1986; Laws 1986, c. 279, § 29, operative July 1, 1986; Laws 1988, c. 187, § 4, emerg. eff. June 6, 1988; Laws 1992, c. 231, § 2, emerg. eff. May 19, 19 92; Laws 1993, c. 97, § 7, eff. Sept. 1, 1993; Laws 1996, c. 209, § 3, eff. Nov. 1, 1996; Laws 2000, c. 342, § 8, eff. July 1, 2000; Laws 2001, c. 137, § 1, emerg. eff. April 24, 2001; Laws 2005, c. 199, § 5, eff. Nov. 1, 2005; Laws 2006, c. 16, § 34, emerg. eff. March 29, 2006.

NOTE: Laws 2005, c. 223, § 1 repealed by Laws 2006, c. 16, § 35, emerg. eff. March 29, 2006.



### §51-24A.6. Public body maintaining less than 30 hours of regular business per week - Inspection, copying or mechan ical reproduction of records.

### 25 A. If a public body or its office does not have regular business hours of at least thirty (30) hours a week, the public body shall post and maintain a written notice at its principal office and with the county clerk where the public body is located which notice shall: 1. Designate the days of the week when r ecords are available for inspection, copying or mechanical reproduction; 2. Set forth the name, mailing address, and telephone number of the individual in charge of the records; and 3. Describe in detail the procedures for obtai ning access to the records at least two days of the week, excluding Sunday. B. The person requesting the record and the pe rson authorized to release the records of the public body may agree to inspection, copying, or mechanical reproduction on a day and at a time
other than that desi gnated in the notice.

Added by Laws 1985, c. 355, § 6, eff. Nov. 1, 1985.



### §51-24A.7. Personnel records - Confid entiality - Inspection and copying. A. A public body may keep pers onnel records confidential: 1. Which relate to internal personnel inve stigations including examination and selection material for employment, hiring, appointment, pr omotion, demotion, discipline, or resignation;

or 2. Where disclosure would constitute a clea rly unwarranted invasion of personal privacy such as employee evaluations, payroll deductions, employment applications submitted by persons not hired by the public body, and transc ripts from institutions of higher education maintained in the personnel file s of certified public school em ployees; provided, however, that nothing in this subsection shall be construed to exempt from di sclosure the degree obtained and the curriculum on the transcripts of certified public school employees. B. All personnel records not specifically falling within the exceptions provided in
subsection A of this section sh all be available for public in spection and copying including, but not limited to, records of: 1. An employment application of a person who becomes a public official; 2. The gross receip ts of public funds; 3. The dates of employment, title or position; and 4. Any final disciplinary action resulting in loss of pay, suspension, demotion of position,
or termination. C. Except as may otherwise be made confiden tial by statute, an employee of a public body shall have a right of access to his own personnel file. D. Public bodies shall keep confidential the home address, telephone numbers and social security numbers of any person employed or formerly employed by the public body.

Added by Laws 1985, c. 355, § 7, eff. Nov. 1, 1985 . Amended by Laws 1990, c. 257, § 6, emerg. eff. May 23, 1990; Laws 1994, c. 177, § 1, eff. Sept. 1, 1 994; Laws 2005, c. 116, § 2, eff. Nov. 1, 2005.



### §51-24A.8. Law enforcement records - Disclosure.

A. Law enforcement agencies shall make av ailable for public inspection, if kept, the following records:

### 26 1. An arrestee description, including the name, date of birth, address, race, sex, physical description, and occupation of the arrestee; 2. Facts concerning the arrest, including the cau se of arrest and the name of the arresting officer; 3. A chronological list of all incidents, including initial offense report information showing the offense, date, time, general location, officer, and a brief summary of what occurred; 4. Radio logs, including a chronologi cal listing of the calls dispatched; 5. Conviction information, including the name of any person convicted of a criminal offense; 6. Disposition of all warrants, includi ng orders signed by a judge of any court commanding a law enforcement officer to arrest a particular person; 7. A crime summary, including an agency summ ary of crimes reported and public calls for service by classification or nature and number; and 8. Jail registers, including ja il blotter data or jail booking information recorded on persons
at the time of incarceration s howing the name of each prisoner with the date and cause of commitment, the authority committing the prisoner, whether committed for a criminal offense, a description of the prisoner, and the date or manner of discharge or escape of the prisoner. B. Except for the records listed in subsect ion A of this section and those made open by other state or local laws, law enforcement agenci es may deny access to law enforcement records except where a court finds that the public interest or the interest of an individual outweighs the
reason for denial. C. Nothing contained in this section impos es any new recordkeeping requirements. Law enforcement records shall be kept for as long as is now or may hereafter be specified by law. Absent a legal requirement for the keeping of a law enforcement record for a specific time period, law enforcement agencies shall maintain their records for so long as needed for administrative purposes. D. Registration files maintained by the De partment of Correcti ons pursuant to the provisions of the Sex Offenders Re gistration Act shall be made av ailable for public inspection in a manner to be determined by the Department.
E. The Council on Law Enforcement Educati on and Training (C.L.E.E.T.) shall keep confidential all records it maintains pursuant to Section 3311 of Title 70 of the Oklahoma Statutes and deny release of records relating to any employed or certif ied full-time officer, reserve officer, retired officer or other person; teacher lesson plans, tests and other teaching materials; and personal communications conc erning individual students except under the following circumstances: 1. To verify the current certificat ion status of any peace officer; 2. As may be required to perform the dutie s imposed by Section 3311 of Title 70 of the Oklahoma Statutes; 3. To provide to any peace officer copies of the records of that peace officer upon submitting a written request; 4. To provide, upon written reque st, to any law enforcement ag ency conducting an official investigation, copies of the record s of any peace officer who is the subject of such investigation; 5. To provide final orders of administra tive proceedings where an adverse action was taken against a peace officer; and
6. Pursuant to an order of the dist rict court of the State of Oklahoma. F. The Department of Public Safety shall keep confidential:

### 27 1. All records it maintains pursuant to it s authority under Title 47 of the Oklahoma Statutes relating to the Oklahoma Highway Patr ol Division, the Communi cations Division, and
other divisions of the Department relating to: a. training, lesson plans, teaching ma terials, tests, and test results, b. policies, procedures, and operations, any of which are of a tactical nature,
and c. the following information from radio logs: (1) telephone numbers, (2) addresses other than the location of incidents to which officers are dispatched, and (3) personal information which is co ntrary to the provisions of the Driver’s Privacy Protection Act, 18 United States Code, Sections 2721 through 2725; and 2. For the purpose of preventing identity thef t and invasion of law enforcement computer systems, except as provided in Title 47 of the Oklahoma Statutes, all driving records.

Added by Laws 1985, c. 355, § 8, eff. Nov. 1, 1985. Amended by Laws 1989, c. 212, § 8, eff. Nov. 1, 1989; Laws 2000, c. 349, § 2, eff. Nov. 1, 2000; Laws 2001, c. 5, § 29, emerg. eff. March 21, 2001; Laws 2005, c. 199, § 6, eff. Nov. 1, 2005; Laws 2006, c. 16, § 36, emerg. eff. March 29, 2006; Laws 2009, c. 36, § 1, eff. Nov. 1, 2009.

NOTE: Laws 2000, c. 226, § 1 repealed by Laws 2001, c. 5, § 30, emerg. eff. March 21, 2001. Laws 2005, c. 35, § 1 repealed by Laws 2006, c. 16, § 37, emerg. eff. March 29, 2006



### .

§51-24A.9. Personal notes and personally created material - Confidentiality. Prior to taking action, including making a r ecommendation or issui ng a report, a public official may keep confidential his or her person al notes and personally created materials other than departmental budget requests of a public body prepared as an aid to memory or research leading to the adoption of a public policy or the implementation of a public project.

Added by Laws 1985, c. 355, § 9, eff. Nov. 1, 1985.



### §51-24A.10. Voluntarily supplied information - Records providing unfair competitive advantage - Department of Commerce, Depar tment of Career and Technology Education, technology center school distri cts, and Oklahoma Film and Music Office records - Public utility records - Confidentiality - Disclosure. A. Any information, records or other material heretofore voluntarily supplied to any state agency, board or commission which was not required to be considered by that agency, board or commission in the performance of its duties may, within thirty (30) days from June 6, 1988, be removed from the files of such agency, board or commission by the person or entity which originally voluntarily supplied such information. Provided, after thirty (30) days from the
effective date of this ac t, any information voluntarily supplied shall be subject to full disclosure pursuant to this act. B. If disclosure would give an unfair advant age to competitors or bidders, a public body may keep confidential records relating to: 1. Bid specifications for competitive bidding prior to publication by the public body; or 2. Contents of sealed bids prior to the opening of bids by a public body; or 3. Computer programs or softwa re but not data thereon; or

### 28 4. Appraisals relating to the sale or acquisition of real estate by a public body prio r to award of a
contract; or 5. The prospective location of a private business or industry prior to public disclosure of such prospect except for records otherwise open to in spection such as applications for permits or
licenses. C. Except as set forth hereafter, the Okla homa Department of Commerce, the Oklahoma Department of Career and Technol ogy Education, the t echnology center school districts, and the
Oklahoma Film and Music Offi ce may keep confidential: 1. Business plans, feasibility studies, financing proposals, marketing plans, financial statements or trade secrets submitted by a person or entity seeking economic advice, business development or customized training from such Departments or school districts; 2. Proprietary information of the business submitte d to the Department or school districts for the purpose of business development or customized training, and related conf identiality agreements detailing the information or record s designated as confidential; and 3. Information compiled by such Departments or school districts in response to those
submissions. The Oklahoma Department of Commerce, the Ok lahoma Department of Career and Technology Education, the technology center school districts, and the Oklahoma Film and Music Office may not keep confidential that submitted information when and to the extent the person or entity submitting the information consents to disclosure. D. Although they must provide public access to th eir records, including records of the address, rate paid for services, charges, consumption rates, adjustments to the bill, reasons for adjustment, the name of the person that authorized the adjustment, and payment for each customer, public bodies that provide utility servic es to the public may keep confid ential credit information, credit card numbers, telephone numbers, social security numbers, bank account information for individual customers, and utility supply and ut ility equipment supply contracts for any industrial
customer with a connected electric load in ex cess of two thousand five hundred (2,500) kilowatts if public access to such contracts would give an unfair advantage to competitors of the customer; provided that, where a public body performs billing or collection services for a utility regulated by the Corporation Commission pursuant to a contra ctual agreement, any customer or individual payment data obtained or created by the public body in performance of the agreement shall not be a record for purposes of this act.

Added by Laws 1985, c. 355, § 10, eff. Nov. 1, 1985. Amended by Laws 1988, c. 187, § 5, emerg. eff. June 6, 1988; Laws 1996, c. 209, § 4, eff. Nov. 1, 1996; Laws 2004, c. 186, § 1, emerg. eff. May 3, 2004; Laws 2006, c. 18, § 1, eff. Nov. 1, 2006; Laws 2007, c. 6, § 1, eff. Nov. 1, 2007; Laws 2008, c. 284, § 1, eff. Nov. 1, 2008; Laws 2009, c. 158, § 1, eff. Nov. 1, 2009; Laws 2010, c. 161, § 1.



### §51-24A.11. Library, archive or museum materials - Confidentiality. A. A public body may keep confidential library , archive, or museum materials donated to the public body to the extent of any limitations imposed as a condition of the donation and any information which would reveal the identity of an individual who lawfully makes a donation to or on behalf of a public body including, but not limited to, donations made through a foundation operated in compliance with Sections 5-145 a nd 4306 of Title 70 of the Oklahoma Statutes. B. If library, archive, or museum materi als are donated to a public body and the donation may be claimed as a tax deduction, the public body may keep confidential any information

### 29 required as a condition of the donation except th e date of the donation, the appraised value claimed for the donation, and a general descriptio n of the materials donated and their quantity.

Added by Laws 1985, c. 355, § 11, eff. Nov. 1, 1985. Amended by Laws 1992, c. 231, § 3, emerg. eff. May 19, 1992.



### §51-24A.12. Litigation files and investigatory files of Attorney Ge neral, district or municipal attorney - Confidentiality. Except as otherwise provided by state or local law, the Attorney General of the State of Oklahoma and agency attorneys authorized by law, the office of the district attorney of any county of the state, and the office of the munici pal attorney of any muni cipality may keep its litigation files and investigatory reports confidential.

Added by Laws 1985, c. 355, § 12, eff. Nov. 1, 1985. Amended by Laws 1988, c. 187, § 6, emerg. eff. June 6, 1988.



### §51-24A.13. Federal records - Confidentiality. Records coming into the possession of a pu blic body from the federal government or records generated or gathered as a result of fe deral legislation may be kept confidential to the extent required by federal law.

Added by Laws 1985, c. 355, § 13, eff. Nov. 1, 1985.



### §51-24A.14. Personal communications relating to exercise of constitutional rights - Confidentiality. Except for the fact that a communication has b een received and that it is or is not a complaint, a public official may keep confid ential personal communica tions received by the public official from a person ex ercising rights secured by the Constitution of the State of
Oklahoma or the Constitution of the United States. The public official's written response to this personal communication may be kept confidential only to the extent necessary to protect the identity of the pers on exercising the right.

Added by Laws 1985, c. 355, § 14, eff. Nov. 1, 1985.



### §51-24A.15. Crop and livestock reports - Public warehouse financial statements - Confidentiality. A. The Division of Agricultural Statistics , Oklahoma Department of Agriculture, also known as the Oklahoma Crop and Livestock Reportin g Service, may keep confidential crop and livestock reports provided by farmers, ranchers, and agribusinesses to th e extent the reports individually identify the providers. B. The State Board of Agriculture is author ized to provide for the confidentiality of any financial statement filed pursuant to Section 9-22 of Title 2 of the Oklahoma Statutes. Copies of such financial statements may only be obtai ned upon written request to the Commissioner of Agriculture. Upon good cause shown, and at the discretion of the Commissioner of Agriculture, such financial statements may be released.

### 30 Added by Laws 1985, c. 355, § 15, eff. Nov. 1, 198 5. Amended by Laws 1988, c. 259, § 14, emerg. eff. June 29, 1988.



### §51-24A.16. Educational records and materials - Confidentiality. A. Except as set forth in subsection B of th is section, public educat ional institutions and their employees may keep confidential: 1. Individual student records; 2. Teacher lesson plans, tests and other teaching material; and
3. Personal communications conc erning individual students. B. If kept, statistical info rmation not identified with a pa rticular student and directory information shall be open for inspection and copying. "Directory info rmation" includes a student's name, address, telephone listing, date and place of birth, major field of study, participation in officially recognized activities and sports, weight and height of members of athletic teams, dates of attenda nce, degrees and awards received, and the most recent previous
educational institution attended by the student. Any educational agency or institution making public directory information shall give public noti ce of the categories of information which it has designated as directory informa tion with respect to each stude nt attending the institution or agency and shall allow a reasonable period of time after the notice has been given for a parent to inform the institution or agency that any or all of the information designated should not be released without prior consent of the parent or guardian or the student if the student is eighteen (18) years of age or older. C. A public school district may release individual student record s for the current or previous school year to a schoo l district at which the student was previ ously enrolled for purposes of evaluating educational programs and school effectiveness.

Added by Laws 1985, c. 355, § 16, eff. Nov. 1, 1985. Amended by Laws 1986, c. 116, § 1, emerg. eff. April 9, 1986; Laws 2003, c. 430, § 1, eff. July 1, 2003.



### §51-24A.17. Violations - Pena lties - Civil liability. A. Any public official who willfully violates any provision of the Oklahoma Open Records Act, upon conviction, shall be guilty of a misdemeanor, and shall be punished by a fine not exceeding Five Hundred Dollars ($500.00) or by imprisonment in the county jail for a period not exceeding one (1) year, or by both such fine and imprisonment. B. Any person denied access to record s of a public body or public official: 1. May bring a civil suit for declarative or in junctive relief, or both, but such civil suit shall be limited to records requested and de nied prior to filing of the civil suit; and 2. If successful, shall be entitle d to reasonable attorney fees. C. If the public body or public official succe ssfully defends a civil suit and the court finds that the suit was clearly frivol ous, the public body or public o fficial shall be entitled to reasonable attorney fees. D. A public body or public official shall not be civilly liable for damages for providing access to records as allowed under the Oklahoma Open Records Act.

Added by Laws 1985, c. 355, § 17, eff. Nov. 1, 1985. Amended by Laws 2005, c. 199, § 7, eff. Nov. 1,
2005.



### §51-24A.18. Additional recordkeeping not required.

### 31 Except as may be required in Section 24A.4 of this title, this act does not impose any additional recordkeeping requirements on public bodies or public officials.

Added by Laws 1985, c. 355, § 18, eff. Nov. 1, 1985. Amended by Laws 2005, c. 199, § 8, eff. Nov. 1,

2005



### .

§51-24A.19. Research records - Confidentiality. In addition to other records that a public body may keep confidential pursuant to the provisions of the Oklahoma Open Records Act, a public body may keep confidential: 1. Any information related to research, the disc losure of which could affect the conduct or outcome of the research, the ability to patent or copyright the research, or any other proprietary rights any entity may have in the research or the results of the research including, but not limited to, trade secrets and commercial or financial information obtained from an entity financing or cooperating in the research, research protocols, and research notes, data, results, or other writings about the research; and 2. The specific terms and condi tions of any license or othe r commercialization agreement relating to state owned or controlled technology or the development, transfer, or commercialization of the technology. Any othe r information relating to state owned or controlled technology or the development, tran sfer, or commercializa tion of the technology which, if disclosed, will adversel y affect or give other persons or entities an advantage over public bodies in negotiating terms and conditi ons for the development, transfer, or commercialization of the technology. However, institutions within The Oklahoma State System of Higher Education shall: a. report to the Oklahoma State Regents for Higher Education as requested, on forms provided by the Regents, research activities funded by external entities or the institutions, the resu lts of which have generated new intellectual property, and b. report to the Oklahoma State Regent s for Higher Education annually on forms provided: (1) expenditures for research and development supported by the institution, (2) any financial relationships be tween the institution and private business entities, (3) any acquisition of an equity inte rest by the institution in a private business, (4) the receipt of royalty or other in come related to the sale of products, processes, or ideas by the institution or a private business entity with which the institution has established a financial arrangement, (5) the gains or losses upon the sale or other disposition of equity interests in private business entities, and (6) any other information regardi ng technology transfer required by the Oklahoma State Regents for Higher Education. The reports required in subparagraphs a and b of this paragraph shall not be deemed confidential and shall be subject to full disclosu re pursuant to the Oklahoma Open Records Act.

Added by Laws 1988, c. 68, § 2, eff. Nov. 1, 1988. Amended by Laws 1999, c. 287, § 1, emerg. eff. May 27, 1999.

### 32 §51-24A.20. Records in litigation or investigation file - Access. Access to records which, under the Oklahoma Open Records Act, would otherwise be available for public inspection and copying, shall not be denied because a public body or public official is using or has taken possession of such records for investigatory purposes or has placed the records in a litigation or investigation file . However, a law enforcement agency may deny access to a copy of such a record in an investigative file if the r ecord or a true and complete copy thereof is available for public inspec tion and copying at another public body.

Added by Laws 1988, c. 187, § 7, emerg. eff. June 6, 1988.



### §51-24A.21. Increment district reports - Exemption from copying fees. The fees that may be charged by a public body pursua nt to the provisions of paragraph 3 of
Section 24A.5 of Title 51 of the Oklahoma Statutes shall not be charged when a state agency or taxing entity located within the boundaries of any district created pursuant to the provisions of the Local Development Act request a copy of th e reports required by subsections A and B of
Section 18 of this act.

Added by Laws 1992, c. 342, § 21.



### §51-24A.22. Public utilities - Confidenti al books, records and trade secrets. A. The Corporation Commission shall keep confidential those records of a public utility, its affiliates, suppliers and customers which the Commission determines are confidential books
and records or trade secrets. B. As used in this section, "public utility " means any entity regulated by the Corporation Commission, owning or operating for compensation in this state equipment or facilities for: 1. Producing, generating, transmitting, distribu ting, selling or furnishing electricity; 2. The conveyance, transmission, or recepti on of communication over a telephone system;

or 3. Transmitting directly or indirectly or distributing combustible hydrocarbon natural or synthetic natural gas for sale to the public.

Added by Laws 1994, c. 315, § 12, eff. July 1, 1994.



### §51-24A.25. Order of court for removal of materials from public record. Any order of the court for removal of mate rials from the public record shall require compliance with the provisions of paragraphs 2 through 7 of subsection C of Section 3226 of
Title 12 of the Oklahoma Statutes.

Added by Laws 2000, c. 172, § 4, eff. Nov. 1, 2000.



### §51-24A.26. Intergovernmental self-insurance pools. An intergovernmental self-insurance pool may keep confidential propr ietary information, such as actuarial reports, underwriting calcula tions, rating information and records that are

### 33 created based on conclusions of such information that are developed through the operation of the intergovernmental se lf-insurance pool.

Added by Laws 2000, c. 226, § 2, eff. Nov. 1, 2000.



### NOTE: Editorially renumbered from § 24A.25 of this title to avoid duplication in numbering.

§51-24A.27. Vulnerability assessments of critical assets in water and wastewater systems. A. Any state environmental agency or public utility shall keep confidential vulnerability
assessments of critical assets in both water a nd wastewater systems. State environmental agencies or public utilities may use the info rmation for internal purposes or allow the information to be used for survey purposes on ly. The state environmen tal agencies or public
utilities shall allow a ny public body to have acc ess to the information for purposes specifically related to the public bodies function. B. For purposes of this section: 1. “State environmental agencies” includes the: a. Oklahoma Water Resources Board, b. Oklahoma Corporation Commission, c. State Department of Agriculture, d. Oklahoma Conservation Commission, e. Department of Wildlife Conservation, f. Department of Mines, and g. Department of Environmental Quality; 2. “Public Utility” means any individual, firm , association, partnership, corporation or any combination thereof, municipal corporations or their lessees, trustees and receivers, owning or operating for compensation in this state equipment or facilities for: a. producing, generating, transmitting, distributing, selling or furnishing electricity, b. the conveyance, transmission, reception or communications over a telephone system, c. transmitting directly or indirectly or distributing combustible hydrocarbon natural or synthetic natural ga s for sale to the public, or d. the transportation, delivery or furnis hing of water for domestic purposes or for power.

Added by Laws 2003, c. 166, § 1, emerg. eff. May 5, 2003.

### 1 TITLE 252. DEPARTMENT OF ENVIRONMENTAL QUALITY
CHAPTER 100. AIR POLLUTION CONTROL
SUBCHAPTER 1. GENERAL PROVISIONS

252:100-1-3. Definitions The following words and terms, when used in this Chapter, shall have the following meaning, unless the context clearly indicates ot herwise or unless defined specifically for a Subchapter, section, or subsection in the Subchapter, section, or subsection.
"Act" means the Federal Clean Air Act, as amended, 42 U.S.C. 7401 et seq.
"Administrator" means, unless specifically defined ot herwise, the Administrator of the United States Environmental Protection Agency (EPA) or the Administrator's designee.
"Air contaminant source" means any and all sources of emission of air contaminants(pollutants), whether privatel y or publicly owned or operated, or person contributing to emission of air contaminants. Without limiting the generality of the foregoing, this term includes all types of business, comme rcial and industrial plants, works, shops and stores, heating and power plants or stations, buildings and other structures of all types. "Air pollution abatement operation" means any operation which has as its essential purpose a significant reduction in: (A) the emission of air contaminants, or (B) the effect of such emission. "Air pollution episode" means high levels of air polluti on existing for an extended period (24 hours or more) of time which may cause acute harmful health effects during periods of atmospheric stagnation, without vertical or horiz ontal ventilation. This occurs when there is a high pressure air mass over an area, a low wind sp eed and there is a temperature inversion. Other factors such as humidity may also affect the episode conditions.
"Ambient air standards" or"Ambient air quality standards" means levels of air quality
as codified in OAC 252:100-3. "Atmosphere" means the air that envelops or surrounds the earth. "Best available control technology" or "BACT" means the best control technology that is currently available as determined by the Divisi on Director on a case-by-case basis, taking into account energy, environmental, and economic imp acts and other costs of alternative control
systems. "Building, structure, facility, or installation" means all of the pollutant-emitting activities which belong to the same industrial grouping, are located on one or more contiguous or adjacent properties, and are under the control of the same person (or persons under common control). Pollutant-emitting activities shall be considered as part of the same industrial grouping if they belong to the same "Major Group" (i.e., which have the same two-digit code) as described in the Standard Industrial Classification Manual, 1972, as amended by the 1977 Supplement. "Carbon dioxide equivalent emissions" or "CO 2 

### e" means an amount of GHG emitted, and shall be computed by multiplying the mass amount of emissions, for each of the six greenhouse gases in the pollutant GHG, by the gas’ associated global warming potential (GWP) published in Table A-1 to subpart A of 40 CFR Part 98 B

- Global Warming Potentials, and summing the resultant value for each to compute a CO 2 

### e. For purposes of the definitions of "subject to regulation" in OAC 252:100-8-2 and 252:100-8-31, prior to July 21, 2014, the mass of the greenhouse gas carbon dioxide shall not include carbon dioxide emissions resulting from the combustion or decomposition of non-fossilized and biodegradable organic material originating

### 2 from plants, animals, or micro-organisms (i ncluding products, by-products, residues and waste from agriculture, forestry and related industries, as well as the non-fossilized and biodegradable organic fractions of industrial and municipal wa stes, including gases and liquids recovered from the decomposition of non-fossilized and biodegradable organic material). "Catalytic cracking unit" means a unit composed of a reactor, regenerator and fractionating towers which is used to convert cer tain petroleum fractions into more valuable products by passing the material through or commingl ed with a bed of cat alyst in the reactor. Coke deposits produced on the catalyst during cracking are removed by burning off in the
regenerator. "Combustible materials" means any substance which will readily burn and shall include those substances which, although generally consider ed incombustible, are or may be included in
the mass of the material burned or to be burned.
"Commence" means, unless specifically defined otherw ise, that the owner or operator of a facility to which neither a NSPS or NESHAP a pplies has begun the construction or installation of the emitting units on a pad or in the final location at the facility. "Commencement of operation" or "commencing operation" means the owner or operator of the stationary source has begun, or caused to begin, emitting a regulated air pollutant from any activity for which the stationary source is designed and/or permitted. "Complete" means in reference to an application for a permit, the application contains all the information necessary for processing the a pplication. Designating an application complete for purposes of permit processing does not precl ude the Director from requesting or accepting any additional information.
"Construction" means, unless specifically defined otherwise, fabrication, erection, or
installation of a source.
"Crude oil" means a naturally occurring hydrocarbon mi xture which is a liquid at standard conditions. It may contain sulfur, nitroge n and/or oxygen derivatives of hydrocarbon.
"Direct fired" means that the hot gasses produced by the flame or heat source come into direct contact with the material being processed or heated.
"Division" means Air Quality Division, Oklahoma State Department of Environmental Quality.
"Dust" means solid particulate matter released into or carried in the air by natural forces, by any fuel-burning, combustion, process equipment or device, construction work, mechanical or industrial processes.
"EPA" means the United States Environmental Protection Agency.
"Excess emissions" means the emission of regulated air po llutants in excess of an applicable limitation or requirement as specified in the applicable limiting Subchapter, permit, or order of the DEQ. This term does not include fugitiv e VOC emissions covered by an existing leak detection and repair program that is required by a federal or state regulation. "Existing source" means, unless specifically defined otherwise, an air contaminant source which is in being on the effective date of the appropriate Subchapter, section, or paragraph of
these rules. "Facility" means all of the pollutant-emitting activities that meet all the following
conditions: (A) Are under common control. (B) Are located on one or more contiguous or adjacent properties. (C) Have the same two-digit primary SIC Code (as described in the Standard Industrial

### 3 Classification Manual, 1987). "Federally enforceable" means all limitations and conditions which are enforceable by the Administrator, including those requirements developed pursuant to 40 CFR Parts 60 and 61, requirements within any applicable State implementation plan, any permit requirements established pursuant to 40 CFR 52.21 or under regul ations approved pursuant to 40 CFR Part 51, subpart I, including operating permits issued under an EPA-approved program that is incorporated into the State implementation plan and expressly requires adherence to any permit issued under such program.
"Fossil fuel" means natural gas, petroleum, coal, or any form of solid, liquid, or gaseous fuel
derived from such material. "Fuel-burning equipment" means any one or more of bo ilers, furnaces, gas turbines or other combustion devices and all appurtenances ther eto used to convert fuel or waste to usable heat or power. "Fugitive dust" means solid airborne particulate matter emitted from any source other than a stack or chimney. "Fugitive emissions" means, unless specifically defined otherwise, those emissions which could not reasonably pass through a stack, chimne y, vent, or other functionally equivalent opening.
"Fume" means minute solid particles generated by the condensation of vapors to solid
matter after volatilization from the molten stat e, or generated by sublimation, distillation, calcination, or chemical reaction when these processes create airborne particles. "Garbage" means all putrescible animal and vege table matter resulting from the handling, preparation, cooking and consumption of food. "Greenhouse gas" or "GHG" means the air pollutant defined in 40 CFR § 86.1818-12(a) as the aggregate group of six gree nhouse gases: carbon dioxide (CO 2 

### ), nitrous oxide (N 2 

### O), methane (CH 4 

### ), hydrofluorocarbons (HFCs), perfluoro carbons (PFCs), and sulfur hexafluoride (SF 6 

### ). "Gross particulate matter" or "GPM" means particulate matter with an aerodynamic diameter greater than 10 micrometers. "In being" means as used in the definitions of Ne w Installation and Existing Source that an owner or operator has undertaken a continuous pr ogram of construction or modification or the owner or operator has entered into a binding ag reement or contractual obligation to undertake and complete within a reasonable time a conti nuous program of construction or modification prior to the compliance date for installation as specified by the applicable regulation.
"Incinerator" means a combustion device specifically designed for the destruction, by high temperature burning, of solid, semi-solid, liquid, or gaseous combustible wastes and from which
the solid residues contain little or no combustible material.
"Indirect fired" means that the hot gasses produced by the flame or heat source do not come into direct contact with the material, excluding air, being processed or heated.
"Installation" means an identifiable piece of process equipment.
"Lowest achievable emissions rate" or "LAER" means, for any source, the more stringent rate of emissions based on paragraphs (A) a nd (B) of this definition. This limitation, when applied to a modification, means the lowest achie vable emissions rate for the new or modified emissions units within a stationary source. In no event shall the application of LAER allow a proposed new or modified stationary source to emit any pollutant in excess of the amount allowable under applicable standard of performance for the new source.

### 4 (A) LAER means the most stringent emissi ons limitation which is contained in the implementation plan of any State for such cl ass or category of stationary source, unless the owner or operator of the proposed sta tionary source demonstrates that such limitations are not achievable, or (B) LAER means the most stringent emissions limitation which is achieved in practice by such class or category of stationary sources. "Major source" means any new or modified stationary source which directly emits or has the capability at maximum design capacity and, if appropriately permitted, authority to emit 100 tons per year or more of a given pollutant. (OAC 252:100-8, Part 3)
"Malfunction" means any sudden, infrequent, and not reasonably preventable failure of air pollution control equipment, process equipment, or a process to operate in a normal or usual manner. Failures that are caused in part by poor maintenance or careless operation are not
malfunctions.
"Mist" means a suspension of any finely divided liquid in any gas or atmosphere excepting
uncombined water.
"Modification" means any physical change in, or ch ange in the method of operation of, a source which increases the amount of any air pollu tant emitted by such source or which results in the emission of any air pollutant not previously emitted, except that: (A) routine maintenance, repair and repl acement shall not be considered physical changes; and, (B) the following shall not be considered a change in the method of operation: (i) any increase in the production rate, if such increase does not exceed the operating design capacity of the source; (ii) an increase in hours of operation; (iii) use of alternative fuel or raw materi al if, prior to the date any standard under this part becomes applicable to such s ource the affected facility is designed to
accommodate such alternative use.
"National Emission Standards for Hazardous Air Pollutants" or "NESHAP" means those standards found in 40 CFR Parts 61 and 63. "New installation", "New source", or "New equipment" means an air contaminant source which is not in being on the effective date of these regulations and any existing source which is modified, replaced, or reconstructed after the eff ective date of the regulations such that the
amount of air contaminant emissions is increased.
"New Source Performance Standards" or "NSPS" means those standards found in 40
CFR Part 60. "Nonmethane organic compounds" or "NMOC" means nonmethane organic compounds,
as defined in 40 CFR 60.754. "Opacity" means the degree to which emissions reduce the transmission of light and obscure the view of an object in the background. "Open burning" means the burning of combustible materials in such a manner that the products of combustion are emitted directly to the outside atmosphere. "Organic compound" means any chemical compound containing the element carbon. "Owner or operator" means any person who owns, leases, operates, controls or supervises

a source. "Part 70 permit" means (unless the context suggests otherwise) any permit or group of permits covering a Part 70 source that is issue d, renewed, amended, or revised pursuant to this

### 5 Chapter. "Part 70 program" means a program approved by the Administrator under 40 CFR Part 70.
"Part 70 source" means any source subject to the pe rmitting requirements of Part 5 of Subchapter 8, as provided in OAC 252:100-8-3(a) and (b).
"PM

- 10 PM 10 

### emissions" means particulate matter emitted to the ambient air with an aerodynamic diameter of 10 micrometers or less as measured by applicable reference methods, or an equivalent or alternative method.
"PM

- 10 PM 10 

### " means particulate matter with an aerodynamic diameter of 10 micrometers
or less.
"PM

- 2.5 PM 2.5 

### " means particulate matter with an aerodynamic diameter of 2.5 micrometers
or less.
"Particulate matter" or "PM" means any material that exists in a finely divided form as a liquid or a solid.
"Particulate matter emissions" means particulate matter emitted to the ambient air as measured by applicable reference methods, or an equivalent or alternative method.
"Potential to emit" means the maximum capacity of a source to emit a pollutant under its physical and operational design. Any physical or operational limitation on the capacity of the source to emit a pollutant, including air pollution control equipment and restrictions on hours of operation or on the type or amount of material com busted, stored or processed, shall be treated as part of its design if the limitation or the eff ect it would have on emissions is enforceable. Secondary emissions do not count in determining the potential to emit of a source. "Prevention of significant deterioration" or "PSD" means increments for the protection of
attainment areas as codified in OAC 252:100-3. "Process equipment" means any equipment, device or contrivance for changing any materials or for storage or handling of any mate rials, the use or existence of which may cause any discharge of air contaminants into the open ai r, but not including that equipment specifically defined as fuel-burning equipment, or refuse-burning equipment. "Process weight" means the weight of all materi als introduced in a source operation, including solid fuels, but excluding liquids and ga ses used solely as fuels, and excluding air introduced for the purposes of combustion. Proce ss weight rate means a rate established as
follows: (A) for continuous or long-run, steady-state, operations, the total process weight for the entire period of continuous operation or for a typical portion thereof, divided by the number of hours of such period or portion thereof. (B) for cyclical or batch source operations, the total process weight for a period which covers a complete or an integral number of cycles, divided by the hours of actual process operation during such period. (C) where the nature of any process or opera tion or the design of any equipment is such as to permit more than one interpretation of this definition, that interpretation which results in the minimum value for allowable emission shall apply. "Reasonably available control technology" or "RACT" means devices, systems, process modifications, or other apparatus or techniques that are reasonably available taking into account: (A) The necessity of imposing such controls in order to attain and maintain a national ambient air quality standard; (B) The social, environmental, and economic impact of such controls; and (C) Alternative means of providing for attainment and maintenance of such standard.

### 6 "Reconstruction" means (A) the replacement of components of an ex isting source to the extent that will be determined by the Executive Director based on: (i) the fixed capital cost (the capital needed to provide all the depreciable components of the new components exceeds 50 pe rcent of the fixed capital cost of a comparable entirely new source); (ii) the estimated life of the source after the replacements is comparable to the life of an entirely new source; and, (iii) the extent to which the components being replaced cause or contribute to the
emissions from the source. (B) a reconstructed source will be treated as a new source for purposes of OAC 252:100-8, Part 9. "Refinery" means any facility engaged in producing ga soline, kerosene, fuel oils or other products through distillation of crude oil or th rough redistillation, cracking, or reforming of unfinished petroleum derivatives.
"Refuse" means, unless specifically defined otherwis e, the inclusive term for solid, liquid or gaseous waste products which are composed wholly or partly of such materials as garbage, sweepings, cleanings, trash, rubbish, litter, industr ial, commercial and domestic solid, liquid or gaseous waste; trees or shrubs; tree or shrub trimmings; grass clippings; brick, plaster, lumber or other waste resulting from the demolition, alteration or construction of buildings or structures; accumulated waste material, cans, containers, tires, junk or other such substances. "Refuse-burning equipment" means any equipment, device, or contrivance, and all appurtenances thereto, used for the destruction of combustible refuse or other combustible wastes by burning. "Regulated air pollutant" means any substance or group of substances listed in Appendix P of this Chapter, or any substance regulated as an air pollutant under any federal regulation for which the Department has been given authority, or any other substance for which an air emission limitation or equipment standard is set by an enforceable permit. "Responsible official" means one of the following: (A) For a corporation: a president, secr etary, treasurer, or vice-president of the corporation in charge of a principal busine ss function, or any other person who performs similar policy or decision-making functions for the corporation, or a duly authorized representative of such person if the repr esentative is responsible for the overall production, or operating facilities applying for or subject to a permit and either: (i) The facilities employ more than 250 persons or have gross annual sales or expenditures exceeding $25 million (in second quarter 1980 dollars); or (ii) The delegation of authority to such representatives is approved in advance by the DEQ; (B) For the partnership or sole proprietors hip: a general partner or the proprietor, respectively; (C) For a municipality, state, federal, or other public agency: Either a principal executive officer or ranking elected official. For purpos es of this Chapter, a principal executive
officer or installation commander of a federa l agency includes the chief executive officer having responsibility for the overall operations of a principal geographic unit of the agency (e.g., a Regional Administrator of EPA); or (D) For affected sources:

### 7 (i) The designated representative insofar as actions, standards, requirements, or prohibitions under Title IV of the Act or the regulations promulgated thereunder are concerned; and (ii) The designated representative for any other purposes under this Chapter.
"Shutdown" means the cessation of operation of any process, process equipment, or air pollution control equipment.
"Smoke" means small gas-borne or air-borne par ticles resulting from combustion operations and consisting of carbon, ash, and other matter any or all of which is present in sufficient quantity to be observable. "Source operation" means the last operation preceding the emission of an air contaminant, which operation: (A) results in the separation of the air contam inant from the process materials or in the conversion of the process materials into air contaminants, as in the case of combustion of fuel; and, (B) is not an air pollution abatement operation.
"Stack" means, unless specifically defined othe rwise, any chimney, flue, duct, conduit, exhaust, pipe, vent or opening, excluding flares , designed or specifically intended to conduct emissions to the atmosphere.
"Standard conditions" means a gas temperature of 68 degrees Fahrenheit (20 o 

### Centigrade) and a gas pressure of 14.7 pounds per square inch absolute. "Startup" means the setting into operation of any process, process equipment, or air pollution control equipment. "Stationary source" means, unless specifically defined otherwise, any building, structure, facility, or installation either fixed or portabl e, whose design and intended use is at a fixed location and emits or may emit an air pollutant subject to OAC 252:100. "Total Suspended Particulates" or "TSP" means particulate matter as measured by the high-volume method described in Appendix B of 40 CFR Part 50. "Temperature inversion" means a phenomenon in which the temperature in a layer of air increases with height and the cool heavy air below is trapped by the warmer air above and
cannot rise.
"Visible emission" means any air contaminant, vapor or gas stream which contains or may contain an air contaminant which is passed into the atmosphere and which is perceptible to the human eye. "Volatile organic compound" or "VOC" means any organic compound that participates in atmospheric photochemical reactions resulting in the formation of tropospheric ozone. Carbon monoxide, carbon dioxide, carbonic acid, metallic car bides, ammonium carbonates, tert-butyl acetate and compounds listed in 40 CFR 51.100(s)(1) are presumed to have negligible photochemical reactivity and are not considered to be VOC.

### TITLE 252. DEPARTMENT OF ENVIRONMENTAL QUALITY
CHAPTER 100. AIR POLLUTION CONTROL
SUBCHAPTER 1. GENERAL PROVISIONS

252:100-1-3. Definitions The following words and terms, when used in this Chapter, shall have the following meaning, unless the context clearly indicates otherwise or unless defined specifically for a Subchapter, section, or subsection in the Subchapter, section, or subsection.
"Act" means the Federal Clean Air Act, as amended, 42 U.S.C. 7401 et seq.
"Administrator" means, unless specifically defined otherwise, the Administrator of the United States Environmental Protection Agency (EPA) or the Administrator's designee.
"Air contaminant source" means any and all sources of emission of air contaminants(pollutants), whether privately or publicly owned or operated, or person contributing to emission of air contaminants. Without limiting the generality of the foregoing, this term includes all types of business, commercial and industrial plants, works, shops and stores, heating and power plants or stations, buildings and other structures of all types. "Air pollution abatement operation" means any operation which has as its essential purpose a significant reduction in: (A) the emission of air contaminants, or (B) the effect of such emission. "Air pollution episode" means high levels of air pollution existing for an extended period (24 hours or more) of time which may cause acute harmful health effects during periods of atmospheric stagnation, without vertical or horizontal ventilation. This occurs when there is a high pressure air mass over an area, a low wind speed and there is a temperature inversion. Other factors such as humidity may also affect the episode conditions.
"Ambient air standards" or "Ambient air quality standards" means levels of air quality
as codified in OAC 252:100-3. "Atmosphere" means the air that envelops or surrounds the earth. "Best available control technology" or "BACT" means the best control technology that is currently available as determined by the Division Director on a case-by-case basis, taking into account energy, environmental, and economic impacts and other costs of alternative control
systems. "Building, structure, facility, or installation" means all of the pollutant-emitting activities which belong to the same industrial grouping, are located on one or more contiguous or adjacent properties, and are under the control of the same person (or persons under common control). Pollutant-emitting activities shall be considered as part of the same industrial grouping if they belong to the same "Major Group" (i.e., which have the same two-digit code) as described in the Standard Industrial Classification Manual, 1972, as amended by the 1977 Supplement. "Carbon dioxide equivalent emissions" or "CO 2 

### e" means an amount of GHG emitted, and shall be computed by multiplying the mass amount of emissions, for each of the six greenhouse gases in the pollutant GHG, by the gas’ associated global warming potential (GWP) published in Table A-1 to subpart A of 40 CFR Part 98 B- Global Warming Potentials, and summing the resultant value for each to compute a CO 2 

### e. For purposes of the definitions of "subject to regulation" in OAC 252:100-8-2 and 252:100-8-31, prior to July 21, 2014, the mass of the greenhouse gas carbon dioxide shall not include carbon dioxide emissions resulting from the combustion or decomposition of non-fossilized and biodegradable organic material originating

1 12Jan_SC1_RUL.wpd December 12, 2011

### from plants, animals, or micro-organisms (including products, by-products, residues and waste

from agriculture, forestry and related industries, as well as the non-fossilized and biodegradable organic fractions of industrial and municipal wastes, including gases and liquids recovered from the decomposition of non-fossilized and biodegradable organic material). "Catalytic cracking unit" means a unit composed of a reactor, regenerator and fractionating towers which is used to convert certain petroleum fractions into more valuable products by passing the material through or commingled with a bed of catalyst in the reactor. Coke deposits produced on the catalyst during cracking are removed by burning off in the regenerator.
"Combustible materials" means any substance which will readily burn and shall include those substances which, although generally considered incombustible, are or may be included in the mass
of the material burned or to be burned.
"Commence" means, unless specifically defined otherwise, that the owner or operator of a facility to which neither a NSPS or NESHAP applies has begun the construction or installation of the emitting units on a pad or in the final location at the facility. "Commencement of operation" or "commencing operation" means the owner or operator of the stationary source has begun, or caused to begin, any activity which has the potential to emit any regulated air pollutant for which the stationary source is designed and permitted. "Complete" means in reference to an application for a permit, the application contains all the information necessary for processing the application. Designating an application complete for purposes of permit processing does not preclude the Director from requesting or accepting any
additional information.
"Construction" means, unless specifically defined otherwise, fabrication, erection, or
installation of a source.
"Crude oil" means a naturally occurring hydrocarbon mixture which is a liquid at standard conditions. It may contain sulfur, nitrogen and/or oxygen derivatives of hydrocarbon.
"Direct fired" means that the hot gasses produced by the flame or heat source come into direct contact with the material being processed or heated.
"Division" means Air Quality Division, Oklahoma State Department of Environmental Quality.
"Dust" means solid particulate matter released into or carried in the air by natural forces, by any fuel-burning, combustion, process equipment or device, construction work, mechanical or industrial processes.
"EPA" means the United States Environmental Protection Agency.
"Excess emissions" means the emission of regulated air pollutants in excess of an applicable limitation or requirement as specified in the applicable limiting Subchapter, permit, or order of the DEQ. This term does not include fugitive VOC emissions covered by an existing leak detection and repair program that is required by a federal or state regulation. "Existing source" means, unless specifically defined otherwise, an air contaminant source which is in being on the effective date of the appropriate Subchapter, section, or paragraph of these
rules. "Facility" means all of the pollutant-emitting activities that meet all the following conditions: (A) Are under common control. (B) Are located on one or more contiguous or adjacent properties. (C) Have the same two-digit primary SIC Code (as described in the Standard Industrial Classification Manual, 1987). "Federally enforceable" means all limitations and conditions which are enforceable by the

2 12Jan_SC1_RUL.wpd December 12, 2011

### Administrator, including those requirements developed pursuant to 40 CFR Parts 60 and 61,

requirements within any applicable State implementation plan, any permit requirements established pursuant to 40 CFR 52.21 or under regulations approved pursuant to 40 CFR Part 51, subpart I, including operating permits issued under an EPA-approved program that is incorporated into the State implementation plan and expressly requires adherence to any permit issued under such

program. "Fossil fuel" means natural gas, petroleum, coal, or any form of solid, liquid, or gaseous fuel
derived from such material. "Fuel-burning equipment" means any one or more of boilers, furnaces, gas turbines or other combustion devices and all appurtenances thereto used to convert fuel or waste to usable heat or

power. "Fugitive dust" means solid airborne particulate matter emitted from any source other than a stack or chimney. "Fugitive emissions" means, unless specifically defined otherwise, those emissions which could not reasonably pass through a stack, chimney, vent, or other functionally equivalent opening.
"Fume" means minute solid particles generated by the condensation of vapors to solid matter after volatilization from the molten state, or generated by sublimation, distillation, calcination, or chemical reaction when these processes create airborne particles. "Garbage" means all putrescible animal and vegetable matter resulting from the handling, preparation, cooking and consumption of food. "Greenhouse gas" or "GHG" means the air pollutant defined in 40 CFR § 86.1818-12(a) as the aggregate group of six greenhouse gases: carbon dioxide (CO 2 

### ), nitrous oxide (N 2 

### O), methane (CH 4 

### ), hydrofluorocarbons (HFCs), perfluorocarbons (PFCs), and sulfur hexafluoride (SF 6 

### ). "Gross particulate matter" or "GPM" means particulate matter with an aerodynamic diameter greater than 10 micrometers. "In being" means as used in the definitions of New Installation and Existing Source that an owner or operator has undertaken a continuous program of construction or modification or the owner or operator has entered into a binding agreement or contractual obligation to undertake and complete within a reasonable time a continuous program of construction or modification prior to the compliance date for installation as specified by the applicable regulation.
"Incinerator" means a combustion device specifically designed for the destruction, by high temperature burning, of solid, semi-solid, liquid, or gaseous combustible wastes and from which
the solid residues contain little or no combustible material.
"Indirect fired" means that the hot gasses produced by the flame or heat source do not come into direct contact with the material, excluding air, being processed or heated.
"Installation" means an identifiable piece of process equipment.
"Lowest achievable emissions rate" or "LAER" means, for any source, the more stringent rate of emissions based on paragraphs (A) and (B) of this definition. This limitation, when applied to a modification, means the lowest achievable emissions rate for the new or modified emissions units within a stationary source. In no event shall the application of LAER allow a proposed new or modified stationary source to emit any pollutant in excess of the amount allowable under applicable standard of performance for the new source. (A) LAER means the most stringent emissions limitation which is contained in the implementation plan of any State for such class or category of stationary source, unless the owner or operator of the proposed stationary source demonstrates that such limitations are not achievable, or

3 12Jan_SC1_RUL.wpd December 12, 2011

### (B) LAER means the most stringent emissions limitation which is achieved in practice

by such class or category of stationary sources. "Major source" means any new or modified stationary source which directly emits or has the capability at maximum design capacity and, if appropriately permitted, authority to emit 100 tons per year or more of a given pollutant. (OAC 252:100-8, Part 3)
"Malfunction" means any sudden, infrequent, and not reasonably preventable failure of air pollution control equipment, process equipment, or a process to operate in a normal or usual manner. Failures that are caused in part by poor maintenance or careless operation are not
malfunctions.
"Mist" means a suspension of any finely divided liquid in any gas or atmosphere excepting
uncombined water.
"Modification" means any physical change in, or change in the method of operation of, a source which increases the amount of any air pollutant emitted by such source or which results in the emission of any air pollutant not previously emitted, except that: (A) routine maintenance, repair and replacement shall not be considered physical changes; and, (B) the following shall not be considered a change in the method of operation: (i) any increase in the production rate, if such increase does not exceed the operating design capacity of the source; (ii) an increase in hours of operation; (iii) use of alternative fuel or raw material if, prior to the date any standard under this part becomes applicable to such source the affected facility is designed to
accommodate such alternative use.
"National Emission Standards for Hazardous Air Pollutants" or "NESHAP" means those
standards found in 40 CFR Parts 61 and 63. "New installation", "New source", or "New equipment" means an air contaminant source which is not in being on the effective date of these regulations and any existing source which is modified, replaced, or reconstructed after the effective date of the regulations such that the amount
of air contaminant emissions is increased.
"New Source Performance Standards" or "NSPS" means those standards found in 40 CFR
Part 60. "Nonmethane organic compounds" or "NMOC" means nonmethane organic compounds,
as defined in 40 CFR 60.754. "Opacity" means the degree to which emissions reduce the transmission of light and obscure the view of an object in the background. "Open burning" means the burning of combustible materials in such a manner that the products of combustion are emitted directly to the outside atmosphere. "Organic compound" means any chemical compound containing the element carbon. "Owner or operator" means any person who owns, leases, operates, controls or supervises

a source. "Part 70 permit" means (unless the context suggests otherwise) any permit or group of permits covering a Part 70 source that is issued, renewed, amended, or revised pursuant to this Chapter. "Part 70 program" means a program approved by the Administrator under 40 CFR Part 70.
"Part 70 source" means any source subject to the permitting requirements of Part 5 of Subchapter 8, as provided in OAC 252:100-8-3(a) and (b).

4 12Jan_SC1_RUL.wpd December 12, 2011

### "PM-10 PM 10 

### emissions" means particulate matter emitted to the ambient air with an

aerodynamic diameter of 10 micrometers or less as measured by applicable reference methods, or an equivalent or alternative method.
"PM-10 PM 10 

### " means particulate matter with an aerodynamic diameter of 10 micrometers or
less.
"PM-2.5 PM 2.5 

### " means particulate matter with an aerodynamic diameter of 2.5 micrometers
or less.
"Particulate matter" or "PM" means any material that exists in a finely divided form as a liquid or a solid.
"Particulate matter emissions" means particulate matter emitted to the ambient air as measured by applicable reference methods, or an equivalent or alternative method.
"Potential to emit" means the maximum capacity of a source to emit a pollutant under its physical and operational design. Any physical or operational limitation on the capacity of the source to emit a pollutant, including air pollution control equipment and restrictions on hours of operation or on the type or amount of material combusted, stored or processed, shall be treated as part of its design if the limitation or the effect it would have on emissions is enforceable. Secondary emissions do not count in determining the potential to emit of a source. "Prevention of significant deterioration" or "PSD" means increments for the protection of
attainment areas as codified in OAC 252:100-3. "Process equipment" means any equipment, device or contrivance for changing any materials or for storage or handling of any materials, the use or existence of which may cause any dischargeof air contaminants into the open air, but not including that equipment specifically defined as fuelburning equipment, or refuse-burning equipment. "Process weight" means the weight of all materials introduced in a source operation, including solid fuels, but excluding liquids and gases used solely as fuels, and excluding air introduced for the purposes of combustion. Process weight rate means a rate established as follows: (A) for continuous or long-run, steady-state, operations, the total process weight for the entire period of continuous operation or for a typical portion thereof, divided by the number of hours of such period or portion thereof. (B) for cyclical or batch source operations, the total process weight for a period which covers a complete or an integral number of cycles, divided by the hours of actual process operation during such period. (C) where the nature of any process or operation or the design of any equipment is such as to permit more than one interpretation of this definition, that interpretation which results in the minimum value for allowable emission shall apply. "Reasonably available control technology" or "RACT" means devices, systems, process modifications, or other apparatus or techniques that are reasonably available taking into account: (A) The necessity of imposing such controls in order to attain and maintain a national ambient air quality standard; (B) The social, environmental, and economic impact of such controls; and (C) Alternative means of providing for attainment and maintenance of such standard.
"Reconstruction" means (A) the replacement of components of an existing source to the extent that will be determined by the Executive Director based on: (i) the fixed capital cost (the capital needed to provide all the depreciable components of the new components exceeds 50 percent of the fixed capital cost of a

5 12Jan_SC1_RUL.wpd December 12, 2011

### comparable entirely new source); (ii) the estimated life of the source after the replacements is comparable to the life of an entirely new source; and, (iii) the extent to which the components being replaced cause or contribute to the
emissions from the source. (B) a reconstructed source will be treated as a new source for purposes of OAC 252:100-8, Part 9. "Refinery" means any facility engaged in producing gasoline, kerosene, fuel oils or other products through distillation of crude oil or through redistillation, cracking, or reforming of unfinished petroleum derivatives.
"Refuse" means, unless specifically defined otherwise, the inclusive term for solid, liquid or gaseous waste products which are composed wholly or partly of such materials as garbage, sweepings, cleanings, trash, rubbish, litter, industrial, commercial and domestic solid, liquid or gaseous waste; trees or shrubs; tree or shrub trimmings; grass clippings; brick, plaster, lumber or other waste resulting from the demolition, alteration or construction of buildings or structures; accumulated waste material, cans, containers, tires, junk or other such substances. "Refuse-burning equipment" means any equipment, device, or contrivance, and all appurtenances thereto, used for the destruction of combustible refuse or other combustible wastes by burning. "Regulated air pollutant" means any substance or group of substances listed in Appendix P of this Chapter, or any substance regulated as an air pollutant under any federal regulation for which the Department has been given authority, or any other substance for which an air emission limitation or equipment standard is set by an enforceable permit. "Responsible official" means one of the following: (A) For a corporation: a president, secretary, treasurer, or vice-president of the corporation in charge of a principal business function, or any other person who performs similar policy or decision-making functions for the corporation, or a duly authorized representative of such person if the representative is responsible for the overall production, or operating facilities applying for or subject to a permit and either: (i) The facilities employ more than 250 persons or have gross annual sales or expenditures exceeding $25 million (in second quarter 1980 dollars); or (ii) The delegation of authority to such representatives is approved in advance by the DEQ; (B) For the partnership or sole proprietorship: a general partner or the proprietor, respectively; (C) For a municipality, state, federal, or other public agency: Either a principal executive officer or ranking elected official. For purposes of this Chapter, a principal executive officer or installation commander of a federal agency includes the chief executive officer having responsibility for the overall operations of a principal geographic unit of the agency (e.g., a Regional Administrator of EPA); or (D) For affected sources: (i) The designated representative insofar as actions, standards, requirements, or prohibitions under Title IV of the Act or the regulations promulgated thereunder are concerned; and (ii) The designated representative for any other purposes under this Chapter.
"Shutdown" means the cessation of operation of any process, process equipment, or air

6 12Jan_SC1_RUL.wpd December 12, 2011

### pollution control equipment.

"Smoke" means small gas-borne or air-borne particles resulting from combustion operations and consisting of carbon, ash, and other matter any or all of which is present in sufficient quantity
to be observable. "Source operation" means the last operation preceding the emission of an air contaminant, which operation: (A) results in the separation of the air contaminant from the process materials or in the conversion of the process materials into air contaminants, as in the case of combustion of fuel; and, (B) is not an air pollution abatement operation.
"Stack" means, unless specifically defined otherwise, any chimney, flue, duct, conduit, exhaust, pipe, vent or opening, excluding flares, designed or specifically intended to conduct emissions to the atmosphere.
"Standard conditions" means a gas temperature of 68 degrees Fahrenheit (20 o 

### Centigrade) and a gas pressure of 14.7 pounds per square inch absolute. "Startup" means the setting into operation of any process, process equipment, or air pollution control equipment. "Stationary source" means, unless specifically defined otherwise, any building, structure, facility, or installation either fixed or portable, whose design and intended use is at a fixed location and emits or may emit an air pollutant subject to OAC 252:100. "Total Suspended Particulates" or "TSP" means particulate matter as measured by the highvolume method described in Appendix B of 40 CFR Part 50. "Temperature inversion" means a phenomenon in which the temperature in a layer of air increases with height and the cool heavy air below is trapped by the warmer air above and cannot
rise.
"Visible emission" means any air contaminant, vapor or gas stream which contains or may contain an air contaminant which is passed into the atmosphere and which is perceptible to the human eye. "Volatile organic compound" or "VOC" means any organic compound that participates in atmospheric photochemical reactions resulting in the formation of tropospheric ozone. Carbon monoxide, carbon dioxide, carbonic acid, metallic carbides, ammonium carbonates, tert-butyl acetate and compounds listed in 40 CFR 51.100(s)(1) are presumed to have negligible photochemical reactivity and are not considered to be VOC.

7 12Jan_SC1_RUL.wpd December 12, 2011

### 2-5_SC 1 COMMRESP January 12, 2012 

### 1 SUMMARY OF COMMENTS AND STAFF RESPONSES
FOR PROPOSED REVISION TO
OAC 252:100-1. GENERAL PROVISIONS

COMMENTS RECEIVED PRIOR TO THE OCTOBER 5, 2011 AIR QUALITY ADVISO RY COUNCIL MEETING

Written Comments

Oklahoma Independent Petroleum Association (OIPA) - Letter received by email on September 28, 2011 from Ms. Angie Burckhalte r, V.P. of Regulatory Affairs:

1. COMMENT DEQ proposes to define the term "commencement of operation" or "commencing operation" in OAC 252:100-1-3 to mean that "the owner or operator of a stationary source has begun, or caused to begi n, any activity which has the potential to emit any regulated air pollutant." This w ould means the 60-day period provided by OAC 252:100-7-18(a)(1) for applying for an operating permit after start of operation would begin as soon as a single emitting source was installed at a minor facility even though the site was not completely constructed. This is very pr oblematic at oil and gas production sites during the completion process when a single or a few emitting source(s) may be constructed; however, the site has not been fully constr ucted until the potential of a well has been determined. The 60-day period to submit a minor source operating permit would not be adequate for the oil and gas industry and it will unnecessarily increase the paperwork for both operators of the facility and DEQ st aff in amending operating permits and/or applications. This would also be problematic at non-production sites where there is phased construction, which is very common in our i ndustry. We request DEQ delay the approval of any amendments to Subchapter 1 until the DEQ staff can address the issues identified in Subchapter 7. This would allow the regulated community the opportunity to evaluate a complete rulemaking package that includes amendments to Subchapter 1 and Subchapter 7.

RESPONSE: The DEQ staff is considering a re vision to OAC 252:100-7-18(a)(1) that would increase the 60-day period to 120 days and intends to ask the Council to continue the hearing on the proposed changes to OAC 252:100-1-3 so that the proposed revisions to Subchapters 1 and 7 would occur at the same tim e. Further consideration will be given to the definition of "commencement of operati on" or "commencing operation," taking into account comments received prior to and at the Council meeting.

**RESPONSE UPDATED JANUARY 3, 2011:** At the October 5, 2011 meeting, the Air Quality Advisory Council continued the hearing on the proposed revisions to Subc hapter 1 to the January 18, 2012 meeting. For consideration at the January 2012 meeting, DEQ has proposed revisions to the definition of "commencement of operation" and an extensi on of the 60-day period for applying for an operating permit to 180 days after the commencemen t of operation. This is consistent with the time period allowed for Part 70 sources in Subchapter 8.

United States Environmental Protection Agency (EPA) - Letter received by email on September 28, 2011 from Mr. Jeff Robinson, Chief, Air Permits Section:

### 2-5_SC 1 COMMRESP January 12, 2012 

### 2 2. COMMENT: The DEQ needs to clarify the intent of the proposed definition of "commencement of operation" and whether it specifically refers to Title V permitting only.

RESPONSE: Staff intends that the definition of "commencement of operation" or "commencing operation" apply to the whole of OAC 252:100.

3. COMMENT: The proposed definition appears in S ubchapters 1 and 8 that refer to both operating permits and construction permits which can be confusing to the reader.

RESPONSE: DEQ is proposing to add a definition for the term "commencement of operation" or "commencing operation" to OAC 252:100-1-3 only and not to Subchapter 8. It is true that these two Subchapters a pply to both operating and construction permit programs, but the proposed definition clear ly applies to operation. Sections OAC 252:100-1-3, 252:100-7-1.1, 252:100-8-31, and 252:100- 8-51 in the existing Air Pollution
Control Rules all contain definitions for the term "commence", but in each definition it is clear that the term "commence" refers only to commence construction and not to commence operation. Oklahoma's SIP approved Air Pollu tion Control Rules 1.4.4(b)(9), 1.4.5(b)(10)
and OAC 252:100-8-1.1 also contain definitions of "commence" but again it is clear in each definition that it applies only to construction.

4. COMMENT: DEQ should clarify that the proposed revisions will be limited to EPA's SIP review process and will not be submitted to EPA as separate Title V program revisions.

RESPONSE: Upon promulgation, staff intends to forward this proposed revision to Subchapter 1 to EPA as a SIP revision. However, if EPA requires that the Title V Implementation Plan be updated, this revision may also be forwarded to EPA at a later date as a revision to the Title V Implementation Pla n. However, the SIP revision is not intended to serve as a Title V Implementation Plan revision.

Chesapeake Energy - Letter received by email on Octobe r 3, 2011 from Jimmie Hammontree, Manager, Regulatory Affairs:

5. COMMENT: The proposed definition of "commen cement of operation" or "commencing operation" in combination with existing pa ragraph OAC 252:100-7-18(a)(1) would require the operator to apply for the operating perm it within 60 days of initial production even through the the site might not be fully construc ted for several more weeks or months as the well is tested and its operational capacity determined. Once the operational capacity is determined, the operator will complete construc tion of the facility and apply for an operating permit. Chesapeake requests that DEQ dela y the approval of the proposed changes to Subchapter 1 until the timing issue in Subchapter 7 can be addressed simultaneously.

RESPONSE: The DEQ staff is considering a revision to OAC 252:100-7-18(a)(1) that would increase the 60-day period to 120 days and intends to ask the Council to continue the hearing on the proposed changes to OAC 252:100-1-3 so that the proposed revisions to Subchapters 1 and 7 would occur at the same tim e. Further consideration will be given to the definition of "commencement of operati on" or "commencing operation," taking into

### 2-5_SC 1 COMMRESP January 12, 2012 

### 3 account comments received prior to and at the Council meeting.

**RESPONSE UPDATED JANUARY 3, 2011:** At their October 5, 2011 meeting, the Air Quality Advisory Council continued the hearing on the proposed revisi ons to Subchapter 1 to the January 18, 2012 meeting. For consideration at the January 2012 meeting, DEQ has proposed revisions to the definition of "commencement of operation" and an extension of the 60-day period for applying for an operating permit to 180 days af ter the commencement of operation. This is consistent with the time period allowed for Part 70 sources in Subchapter 8.

COMMENTS RECEIVED PRIOR TO THE JANUARY 18, 2012 AIR QUALITY ADVISO RY COUNCIL MEETING

Written Comments

No new written comments have been received as of January 12, 2012.3555 N.W. 58 th Street, Suite 400, Oklahoma City, OK 73112 Telephone 405

- 942

- 2334 Fax 405

- 942

- 4636 Toll Free 1

- 800

- 838

- 6472 

### OKLAHOMA INDEPENDENT PETROLEUM ASSO CIATION



### September 2 8, 2011

Mr. Eddie Terrill, Director Air Quality Division Oklahoma Department of Environmental Quality
707 N. Robinson Oklahoma City, OK 73101

Re: ODEQ’s Proposed Rulemaking Regarding OAC 252:100-1-3 ( New Definition of “Commencement of Op eration” or “Commencing Operation”)

Dear Mr. Terrill:

The Oklahoma Independent Petroleum Association is providing comments in regards to the Oklahoma Department of Environmental Quality’s (ODEQ’s) proposed new definition of “Commencement of Operation” or “Commencing Operation” in OAC
252:100-1-3.

We appreciate the opportunity to provide input into ODEQ’s rulemaking process, and submit the following comments for your consideration.

ODEQ is proposing a new definition in OAC 252:100-1- 3 for “Commencem ent of Operation” or “Commencing Operation” which is as follows:

" Commencement of operation" or "commencing operation" means the owner or operator of the stationary source has begun, or caused to begin, any [emphasis added] activity which has the potentia l to emit any regulated air pollutant.



### OAC 252:100-7-18(a)(1) provides that: “No person shall cause or authorize the operation of a new minor facility for
more than a 60-day period [emphasis added] without applying for a DEQ- issue d air quality operating p ermit.”

The proposed new definition of “commencement of operation” specifically includes the term “any activity” which means the 60-day “clock” to obtain an operating permit would begin as soon as a single emitting source was installed at a minor source facility being
constructed even though the site was not completely “constructed”.

This is very problematic at oil and gas production sites during the completion process
when a single or a few emitting source (s) may be constructed; however, the site has n ot been fully constructed until the potential of a well has been determined. The 60

- day period to submit a minor source operating permit provided in OAC 252:100-7-

### 2 18(a)(1) would not be adequate for our industry and it will unnecessar il y increase the paperwork for both operator s of the facility and ODEQ staff in amending operating permit s and/or applications. This would also be problematic at non-production sites where there is phased construction, which is very common in our industry.

We re quest ODEQ del ay th e approval of any amendments to Subchapter 1 until the ODEQ staff can address the issues identified in Subchapter 7. This would allow the regulated community the opportunity to evaluate a complete rulemaking package that includes amendments to Subchapter 1 and Subchapter 7.

Again, we appreciate the opportunity to provide comments on ODEQ’s proposed
rule making. Thank you in advance for your consideration of these matters.

Sincerely,

Angie Burckhalter V.P. of Regulatory Affairs

cc: Rob Singletary, ODEQ

## Permanent Final Adoptions

(16) Modification of or addition to an existing permitted municipal wastewater treatment system (including sewer line extensions). (17) Modification of or addition to an existing permitted public water supply treatment and/or distribution system (including line extensions). ( 1 8 ) M o d i f i c a t i o n o f o r a d d i t i o n t o a n e x i s t i n g p e r m i t t e d

w a t e r r e u s e t r e a t m e n t a n d / o r d i s t r i b u t i o n s y s t e m ( i n c l u d

i n g l i n e e x t e n s i o n s )

. (1 8 1 9 ) Modification of or addition to an existing permitted industrial non-discharging impoundment, industrial septic tank system, and/or industrial wastewater treatment
system. (1 9 2 0 ) Modification of an approved pretreatment program. (2 0 2 1 ) Administrative amendment of permits or otherauthorizations for the correction of administrative or typographical errors. (2 1 2 2 ) New, modified or renewed individual categorical or significant industrial user pretreatment permit. (2 2 2 3 ) Modification of or addition of impoundment(s) to an existing permitted industrial wastewater treatment
system.

252:4-7-74. Water quality applications - Tier II The following water quality authorizations require Tier II applications. (1) Permit to construct a new municipal wastewatertreatment, and/or collection system, excluding line extensions. (2) Permit to construct a new public water supply treatment and/or distribution system, excluding water line
extensions. ( 3 ) P e r m i t t o c o n s t r u c t a n e w w a t e r r e u s e t r e a t m e n t

a n d / o r d i s t r i b u t i o n s y s t e m , e x c l u d i n g l i n e e x t e n s i o n s

. (3 4 ) New discharge permit for minor facility. (4 5 ) Individual storm water permit. (5 6 ) New permit for industrial non-discharging impoundment, indu strial septic tank, or industrial wastewater system. (6 7 ) New individual permit for land application of sludge, biosolids and/or w a s t e w a t e r r e c l a i m e d w a t e r

. (7 8 ) Permit renewal for a facility with expiring discharge permit. (8 9 ) Permit renewal for a facility with expiring individual storm water discharge permit. (9 1 0 ) Variance including thermal components of effluent limitations for an individual discharge permit. (1 0 1 1 ) Major modification of discharge permit. (1 1 1 2 ) Modification of an individual industrial permit for land application of sludge and/or wastewater. (1 2 1 3 ) New, modified or renewed general permit.

[OAR Docket #12-734; filed 5-25-12] 

### TITLE 252. DEPARTMENT OF ENVIRONMENTAL QUALITY CHAPTER 100. AIR POLLUTION CONTROL

[OAR Docket #12-650]

RULEMAKING ACTION: PERMANENT final adoption RULES: Subchapter 1. General Provisions 252:100-1-3 [AMENDED] AUTHORITY: Environmental Quality Board; 27A O.S. §§ 2-2-101, Air Quality Advisory Council, 27 A O.S. §§ 2-2-201 and 2-5-107, and Oklahoma Clean Air Act, 27A O.S. §§ 2-5-101 et seq. DATES: Comment period: September 1, 2011 through October 5, 2011 December 1, 2011 through January 18, 2012 Public hearings: October 5, 2011 January 18, 2012 February 24, 2012 Adoption: February 24, 2012 Submitted to Governor: March 2, 2012 Submitted to House: March 2, 2012 Submitted to Senate: March 2, 2012 Gubernatorial approval: April 13, 2012 Legislative approval: May 1, 2012 Final adoption: Failure of the Legislature to disapprove the rule(s) resulted in approval on May 1, 2012
Effective: July 1, 2012 SUPERSEDED EMERGENCY ACTIONS:
N/A INCORPORATIONS BY REFERENCE:
N/A ANALYSIS: The Department is proposing to: (A) modify Subchapter 1 to complete the incorporation of the U. S. Environmental Protection Agency's (EPA's) recent changes to the Prevention of Significant Deterioration (PSD) and Part 70 permitting programs exempting biogenic carbon dioxide (CO 2 ) emissions from certain biomass sources; (B) modify Subchapters 1 to resolve issues surrounding the date an application for an air quality operating permit must be submitted to the Department; and (C) make other nonsubstantive changes in the sections of the rules that are being revised. EPA has deferred for a period of three (3) years the application of the PSD and Part 70 permitting requirements to biogenic CO 2 emissions from bioenergy and other biogenic stationary sources. The proposed modification of the definition of "carbon dioxide equivalent emissions" or "CO 2 e" in OAC 252:100-1-3, along with previous revisions of the definitions of "subject to regulation" in 252:100-8-2 and 252:100-8-31, will accomplish this deferral.
Due to an error in the Oklahoma Register (28 OK Reg 1079) published June 15, 2011, the Department is proposing to correct the definition of CO 2 e by replacing a dash that was erroneously converted to the letter "B". The Department proposes to add a definition of "fossil fuel" for further clarity in
the CO 2 deferral. These proposed modifications to Subchapter 1 will ensure that the State rules regarding greenhouse gas permitting will not be perceived to be more stringent than the corresponding federal rules. The Department also proposes to change "PM-10" to "PM 10 " and "PM-2.5" to "PM 2.5 " in some definitions in 252:100-1-3 for consistency in formatting. The Department is proposing changes to clarify the date an application for an air quality operating permit must be submitted. The Department proposes

June 15, 2012 

### 989 Oklahoma Register (Volume 29, Number 19)

## Permanent Final Adoptions

to define the term "commencement of operation" or "commencing operation" in OAC 252:100-1-3 and use that term in 252:100-7-18(a)(1) and (2). CONTACT PERSON: Cheryl Bradley, Department of Environmental Quality, Air Quality Division, 707 North Robinson, P.O. Box 1677, Oklahoma City, Oklahoma 73101-1677, (405) 702-4100.

PURSUANT TO THE ACTIONS DESCRIBED HEREIN,
THE FOLLOWING RULES ARE CONSIDERED FINALLY ADOPTED AS SET FORTH IN 75 O.S., SECTION 308.1(A), WITH AN EFFECTIVE DATE OF JULY 1, 2012:



### SUBCHAPTER 1. GENERAL PROVISIONS

252:100-1-3. Definitions The following words and terms, when used in this Chapter,shall have the following meaning, unless the context clearly indicates otherwise or unless defined specifically for a Subchapter, section, or subsection in the Subchapter, section, or subsection.
"Act" means the Federal Clean Air Act, as amended, 42 U.S.C. 7401 et seq.
"Administrator" means, unless specifically defined otherwise, the Administrator of the United States Environmental Protection Agency (EPA) or the Administrator's designee.
"Air contaminant source" means any and all sources of emission of air contaminants (pollutants), whether privately or publicly owned or operated, or person contributing to emission of air contaminants. Without limiting the generality of the foregoing, this term includes all types of business, commercial and industrial plants, works, shops and stores, heating and power plants or stations, buildings and other structures of all types. "Air pollution abatement operation" means any operation which has as its essential purpose a significant reduction
in: (A) the emission of air contaminants, or (B) the effect of such emission. "Air pollution episode" means high levels of air pollution existing for an extended period (24 hours or more) of time which may cause acute harmful health effects during periodsof atmospheric stagnation, without vertical or horizontal ventilation. This occurs when there is a high pressure air mass over an area, a low wind speed and there is a temperature inversion. Other factors such as humidity may also affect the episode
conditions.
"Ambient air standards" or "Ambient air quality
standards" means levels of air quality as codified in OAC
252:100-3. "Atmosphere" means the air that envelops or surrounds
the earth. "Best available control technology" or "BACT" meansthe best control technology that is currently available as determined by the Division Director on a case-by-case basis, taking into account energy, environmental, and economic impacts and other costs of alternative control systems. "Building, structure, facility, or installation" means all of the pollutant-emitting activities which belong to the same industrial grouping, are located on one or more contiguous or adjacent properties, and are under the control of the same person (or persons under common control). Pollutant-emitting activities shall be considered as part of the same industrial grouping if they belong to the same "Major Group" (i.e., which have the same two-digit code) as described in the Standard Industrial Classification Manual, 1972, as amended by the 1977 Supplement. "Carbon dioxide equivalent emissions" or "CO 2 e" means an amount of GHG emitted, and shall be computed by multiplying the mass amount of emissions, for each of the six greenhouse gases in the pollutant GHG, by the gas' associated global warming potential (GWP) published in Table A-1 to subpart A of 40 CFR Part 98 B

- Global Warming Potentials, and summing the resultant value for each to compute a CO 2 e. F o r p u r p o s e s o f t h e d e f i n i t i o n s o f " s u b j e c t t o r e g u l a t i o n " i n O A C 2 5 2 : 1 0 0

- 8

- 2 a n d 2 5 2 : 1 0 0

- 8

- 3 1

, p r i o r t o J u l y 2 1

, 2 0 1 4

, t h e m a s s o f t h e g r e e n h o u s e g a s c a r b o n d i o x i d e s h a l l n o t i n

c l u d e c a r b o n d i o x i d e e m i s s i o n s r e s u l t i n g f r o m t h e c o m b u s t i o n

o r d e c o m p o s i t i o n o f n o n

- f o s s i l i z e d a n d b i o d e g r a d a b l e o r g a n i c

m a t e r i a l o r i g i n a t i n g f r o m p l a n t s , a n i m a l s , o r m i c r o

- o r g a n

i s m s ( i n c l u d i n g p r o d u c t s , b y

- p r o d u c t s , r e s i d u e s a n d w a s t e f r o m a g r i c u l t u r e , f o r e s t r y a n d r e l a t e d i n d u s t r i e s , a s w e l l a s
t h e n o n

- f o s s i l i z e d a n d b i o d e g r a d a b l e o r g a n i c f r a c t i o n s o f
i n d u s t r i a l a n d m u n i c i p a l w a s t e s , i n c l u d i n g g a s e s a n d l i q u i d s

r e c o v e r e d f r o m t h e d e c o m p o s i t i o n o f n o n

- f o s s i l i z e d a n d
b i o d e g r a d a b l e o r g a n i c m a t e r i a l )

. "Catalytic cracking unit" means a unit composed of a reactor, regenerator and fractionating towers which is used to convert certain petroleum frac tions into more va luable products by passing the material through or commingled with a bed of catalyst in the reactor. Coke deposits produced on the catalyst during cracking are removed by burning off in the regenerator. "Combustible materials" means any substance which will readily burn and shall include those substances which, although generally considered incombustible, are or may be
included in the mass of the material burned or to be burned.
"Commence" means, unless specifically defined otherwise, that the owner or operator of a facility to which neither a NSPS or NESHAP applies has begun the construction or installation of the emitting units on a pad or in the final location at the facility.

" C o m m e n c e m e n t o f o p e r a t i o n " o r " c o m m e n c i n g o p
e r a t i o n " m e a n s t h e o w n e r o r o p e r a t o r o f t h e s t a t i o n a r y s o u r c e h a s b e g u n , o r c a u s e d t o b e g i n , e m i t t i n g a r e g u l a t e d a i r p o l l u t a n t f r o m a n y a c t i v i t y f o r w h i c h t h e s t a t i o n a r y s o u r c e i s d e s i g n e d

a n d / o r p e r m i t t e d

. "Complete" means in reference to an application for a permit, the application contains all the information necessary for processing the application. Designating an application complete for purposes of permit processing does not precludethe Director from requesting or accepting any additional information.
"Construction" means, unless specifically defined otherwise, fabrication, erection, or installation of a source.

Oklahoma Register (Volume 29, Number 19) 

### 990 June 15, 2012

## Permanent Final Adoptions

"Crude oil" means a naturally occurring hydrocarbon mixture which is a liquid at standard conditions. It may contain sulfur, nitrogen and/or oxygen derivatives of hydrocarbon.
"Direct fired" means that the hot gasses produced by the
flame or heat source come into direct contact with the material being processed or heated.
"Division" means Air Quality Division, Oklahoma State Department of Environmental Quality.
"Dust" means solid particulate matter released into orcarried in the air by natural forces, by any fuel-burning, combustion, process equipment or device, construction work, mechanical or industrial processes.
"EPA" means the United States Environmental Protection Agency.
"Excess emissions" means the emission of regulated air pollutants in excess of an applicable limitation or requirement as specified in the applicable limiting Subchapter, permit, or order of the DEQ. This term does not include fugitive VOC emissions covered by an existing leak detection and repair program that is required by a federal or state regulation. "Existing source" means, unless specifically defined otherwise, an air contaminant source which is in being on the effective date of the appropriate Subchapter, section, or paragraph of these rules. "Facility" means all of the pollutant-emitting activities that meet all the following conditions: (A) Are under common control.(B) Are located on one or more contiguous or adjacent properties. (C) Have the same two-digit primary SIC Code (as
described in the Standard Industrial Classification Manual, 1987). "Federally enforceable" means all limitations and conditions which are enforceable by the Administrator, including those requirements developed pursuant to 40 CFR Parts 60and 61, requirements within any applicable State implementation plan, any permit requirements established pursuant to 40 CFR 52.21 or under regulations approved pursuant to 40 CFR Part 51, subpart I, including operating permits issued under an EPA-approved program that is incorporated into the State implementation plan and expressly requires adherence to any permit issued under such program.

" F o s s i l f u e l " m e a n s n a t u r a l g a s , p e t r o l e u m , c o a l

, o r a n y f o r m o f s o l i d

, l i q u i d

, o r g a s e o u s f u e l d e r i v e d f r o m s u c h m a t e

r i a l

. "Fuel-burning equipment" means any one or more of boilers, furnaces, gas turbines or other combustion devices and all appurtenances thereto used to convert fuel or waste to usable heat or power. "Fugitive dust" means solid airborne particulate matter emitted from any source other than a stack or chimney. "Fugitive emissions" means, unless specifically defined otherwise, those emissions which could not reasonably pass through a stack, chimney, vent, or other functionally equivalent opening.
"Fume" means minute solid particles generated by the condensation of vapors to soli d matter after volatilization from the molten state, or generated by sublimation, distillation, calcination, or chemical reaction when these processes create airborne particles. "Garbage" means all putrescible animal and vegetable matter resulting from the handling, preparation, cooking and consumption of food. "Greenhouse gas" or "GHG" means the air pollutant defined in 40 CFR § 86.1818-12(a) as the aggregate group of six greenhouse gases: carbon dioxide (CO 2 ), nitrous oxide (N 2 O), methane (CH 4 ), hydrofluorocarbons (HFCs), perfluorocarbons (PFCs), and sulfur hexafluoride (SF 6 ). "Gross particulate matter" or "GPM" means particulate matter with an aerodynamic diameter greater than 10
micrometers. "In being" means as used in the definitions of New Installation and Existing Source that an owner or operator hasundertaken a continuous program of construction or modification or the owner or operator has entered into a binding agreement or contractual obligation to undertake and complete within a reasonable time a continuous program of construction or modification prior to the compliance date for installation as specified by the applicable regulation.
"Incinerator" means a combustion device specifically designed for the destruction, by high temperature burning, of solid, semi-solid, liquid, or gaseous combustible wastes and
from which the solid residues contain little or no combustible
material.
"Indirect fired" means that the hot gasses produced by
the flame or heat source do not come into direct contact with the material, excluding air, being processed or heated.
"Installation" means an identifiable piece of process equipment.
"Lowest achievable emissions rate" or "LAER" means, for any source, the more stringent rate of emissions based on paragraphs (A) and (B) of this definition. This limitation, when applied to a modification, means the lowest achievable
emissions rate for the new or modified emissions units within a stationary source. In no event shall the application of LAER allow a proposed new or modified stationary source to emit any pollutant in excess of the amount allowable under applicable standard of performance for the new source.(A) LAER means the most stringent emissions limitation which is contained in the implementation plan of any State for such class or category of stationary source, unless the owner or operator of the proposed stationary source demonstrates that such limitations are not achievable, or (B) LAER means the most stringent emissions limitation which is achieved in practice by such class or category of stationary sources. "Major source" means any new or modified stationary source which directly emits or has the capability at maximum design capacity and, if appropriately permitted, authority to emit 100 tons per year or more of a given pollutant. (OAC 252:100-8, Part 3)
"Malfunction" means any sudden, infrequent, and notreasonably preventable failure of air pollution control equipment, process equipment, or a process to operate in a normal or

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### 991 Oklahoma Register (Volume 29, Number 19)

## Permanent Final Adoptions

usual manner. Failures that are caused in part by poor maintenance or careless operation are not malfunctions.
"Mist" means a suspension of any finely divided liquid in any gas or atmosphere excepting uncombined water.
"Modification" means any physical change in, or change in the method of operation of, a source which increases theamount of any air pollutant emitted by such source or which results in the emission of any air pollutant not previously emitted, except that: (A) routine maintenance, repair and replacement shall not be considered physical changes; and, (B) the following shall not be considered a change in the method of operation: (i) any increase in the production rate, if suchincrease does not exceed the operating design capacity of the source; (ii) an increase in hours of operation; (iii) use of alternative fuel or raw material if, prior to the date any standard under this partbecomes applicable to such source the affected facility is designed to accommodate such alternative

use. "National Emission Standards for Hazardous Air
Pollutants" or "NESHAP" means those standards found in
40 CFR Parts 61 and 63. "New installation", "New source", or "New equipment" means an air contaminant source which is not in being on the effective date of these regulations and any existing source which is modified, replaced, or reconstructed after the effective date of the regulations such that the amount of air
contaminant emissions is increased.
"New Source Performance Standards" or "NSPS"
means those standards found in 40 CFR Part 60. "Nonmethane organic compounds" or "NMOC" means nonmethane organic compounds, as defined in 40 CFR
60.754. "Opacity" means the degree to which emissions reduce the transmission of light and obscure the view of an object in the background. "Open burning" means the burning of combustible materials in such a manner that the products of combustion are emitted directly to the outside atmosphere. "Organic compound" means any chemical compound containing the element carbon. "Owner or operator" means any person who owns, leases, operates, controls or supervises a source. "Part 70 permit" means (unless the context suggests otherwise) any permit or group of permits covering a Part 70 source that is issued, renewed, amended, or revised pursuant to this Chapter. "Part 70 program" means a program approved by the
Administrator under 40 CFR Part 70.
"Part 70 source" means any source subject to the permitting requirements of Part 5 of Subchapter 8, as provided in OAC 252:100-8-3(a) and (b).
"P M

- 1 0 P M 1 0 emissions" means particulate matter emitted to the ambient air with an aerodynamic diameter of 10 micrometers or less as measured by applicable reference methods, or an equivalent or alternative method.
"P M

- 1 0 P M 1 0 " means particulate matter with an aerodynamic diameter of 10 micrometers or less.
"P M

- 2

. 5 P M 2

. 5 " means particulate matter with an aerodynamic diameter of 2.5 micrometers or less.
"Particulate matter" or "PM" means any material that exists in a finely divided form as a liquid or a solid.
"Particulate matter emissions" means particulate matter emitted to the ambient air as measured by applicable reference methods, or an equivalent or alternative method.
"Potential to emit" means the maximum capacity of a source to emit a pollutant under its physical and operational design. Any physical or operational limitation on the capacity of the source to emit a pollutant, including air pollution control equipment and restrictions on hours of operation or on the type or amount of material combusted, stored or processed, shall be treated as part of its design if the limitation or the effect it would have on emissions is enforceable. Secondary emissions do not count in determining the potential to emit of a source. "Prevention of significant deterioration" or "PSD" means increments for the protection of attainment areas as
codified in OAC 252:100-3. "Process equipment" means any equipment, device orcontrivance for changing any materials or for storage or handling of any materials, the use or existence of which may cause any discharge of air contaminants into the open air, but not including that equipment specifically defined as fuel-burning equipment, or refuse-burning equipment. "Process weight" means the weight of all materials introduced in a source operation, including solid fuels, but excluding liquids and gases used solely as fuels, and excluding air introduced for the purposes of combustion. Process weight
rate means a rate established as follows:(A) for continuous or long-run, steady-state, operations, the total process weight for the entire period of continuous operation or for a typical portion thereof, divided by the number of hours of such period or portion thereof. (B) for cyclical or batch source operations, the total process weight for a period which covers a complete or an integral number of cycles, divided by the hours of actual process operation during such period. (C) where the nature of any process or operation or the design of any equipment is such as to permit more than one interpretation of this definition, that interpretation which results in the minimum value for allowable emission shall apply. "Reasonably available control technology" or "RACT" means devices, systems, process modifications, or other apparatus or techniques that are reasonably available taking into account: (A) The necessity of imposing such controls in
order to attain and maintain a national ambient air quality standard;(B) The social, environmental, and economic impact of such controls; and

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### 992 June 15, 2012

## Permanent Final Adoptions

(C) Alternative means of providing for attainment
and maintenance of such standard.
"Reconstruction" means (A) the replacement of components of an existing source to the extent that will be determined by the
Executive Director based on: (i) the fixed capital cost (the capital needed to provide all the depreciable components of the new components exceeds 50 percent of the fixed capital cost of a comparable entirely new source);(ii) the estimated life of the source after the replacements is comparable to the life of an entirely new source; and, (iii) the extent to which the components being replaced cause or contribute to the emissions from
the source. (B) a reconstructed source will be treated as a new source for purposes of OAC 252:100-8, Part 9. "Refinery" means any facility engaged in producinggasoline, kerosene, fuel oils or other products through distillation of crude oil or throu gh redistillation, cracking, or reforming of unfinished petroleum derivatives.
"Refuse" means, unless specifically defined otherwise, the inclusive term for solid, liquid or gaseous waste products which are composed wholly or partly of such materials as garbage, sweepings, cleanings, tra sh, rubbish, litt er, industrial, commercial and domestic solid, liquid or gaseous waste; trees or shrubs; tree or shrub trimmings; grass clippings; brick, plaster, lumber or other waste resulting from the demolition,alteration or construction of buildings or structures; accumulated waste material, cans, containers, tires, junk or other such
substances. "Refuse-burning equipment" means any equipment, device, or contrivance, and all appurtenances thereto, used
for the destruction of combustible refuse or other combustible wastes by burning. "Regulated air pollutant" means any substance or group of substances listed in Appendix P of this Chapter, or any substance regulated as an air pollutant under any federal regulation for which the Department has been given authority, or any other substance for which an air emission limitation or equipment standard is set by an enforceable permit. "Responsible official" means one of the following:(A) For a corporation: a president, secretary, treasurer, or vice-president of the corporation in charge of a principal business function, or any other person who performs similar policy or decision-making functionsfor the corporation, or a duly authorized representative of such person if the representative is responsiblefor the overall production, or operating facilities applying for or subject to a permit and either:(i) The facilities employ more than 250 persons or have gross annual sales or expenditures exceeding $25 million (in second quarter 1980 dollars); or(ii) The delegation of authority to such representatives is approved in advance by the DEQ; (B) For the partnership or sole proprietorship: a general partner or the proprietor, respectively;(C) For a municipality, state, federal, or other public agency: Either a principal executive officer or ranking elected official. For purposes of this Chapter,a principal executive officer or installation commander of a federal agency includes the chief executive officer having responsibility for the overall operations of a principal geographic unit of the agency (e.g., a Regional Administrator of EPA); or (D) For affected sources: (i) The designated representative insofar as actions, standards, requirements, or prohibitionsunder Title IV of the Act or the regulations promulgated thereunder are concerned; and (ii) The designated representative for any other purposes under this Chapter.
"Shutdown" means the cessation of operation of anyprocess, process equipment, or air pollution control equipment. "Smoke" means small gas-borne or air-borne particles resulting from combustion operations and consisting of carbon, ash, and other matter any or all of which is present in sufficient quantity to be observable. "Source operation" means the last operation preceding the emission of an air contaminant, which operation: (A) results in the separation of the air contaminant from the process materials or in the conversion of the process materials into air contaminants, as in the case of combustion of fuel; and, (B) is not an air pollution abatement operation.
"Stack" means, unless specifically defined otherwise, any chimney, flue, duct, conduit, exhaust, pipe, vent or opening, excluding flares, designed or specifically intended to conduct emissions to the atmosphere.
"Standard conditions" means a gas temperature of 68 degrees Fahrenheit (20 o Centigrade) and a gas pressure of 14.7 pounds per square inch absolute. "Startup" means the setting into operation of anyprocess, process equipment, or air pollution control equipment. "Stationary source" means, unless specifically defined otherwise, any building, structure, facility, or installation either fixed or portable, whose design and intended use is at a fixed location and emits or may emit an air pollutant subject to OAC
252:100. "Total Suspended Particulates" or "TSP" means particulate matter as measured by the high-volume method described in Appendix B of 40 CFR Part 50. "Temperature inversion" means a phenomenon in which the temperature in a layer of air increases with height and the cool heavy air below is trapped by the warmer air above and
cannot rise.
"Visible emission" means any air contaminant, vapor or gas stream which contains or may contain an air contaminant which is passed into the atmosphere and which is perceptible to the human eye.

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### 993 Oklahoma Register (Volume 29, Number 19)

## Permanent Final Adoptions

"Volatile organic compound" or "VOC" means anyorganic compound that participates in atmospheric photochemical reactions resulting in the formation of tropospheric ozone. Carbon monoxide, carbon dioxide, carbonic acid, metallic carbides, ammonium carbonates, tert-butyl acetate and compounds listed in 40 CFR 51.100(s)(1) are presumed tohave negligible photochemical reactivity and are not considered to be VOC.

[OAR Docket #12-650; filed 5-21-12]



### TITLE 252. DEPARTMENT OF ENVIRONMENTAL QUALITY CHAPTER 100. AIR POLLUTION CONTROL

[OAR Docket #12-651]

RULEMAKING ACTION: PERMANENT final adoption RULES: Subchapter 7. Permits for Minor Facilities
Part 3. Construction Permits 252:100-7-15. [AMENDED] Part 4. Operating Permits 252:100-7-18. [AMENDED] AUTHORITY: Environmental Quality Board; 27A O.S. §§ 2-2-101, Air Quality Advisory Council, 27A O.S. §§ 2-2-201 and 2-5-107, and Oklahoma Clean Air Act, 27A O.S.§§ 2-5-101 et seq. DATES: Comment period: September 1, 2011 through October 5, 2011 December 1, 2011 through January 18, 2012 Public hearings: October 5, 2011 January 18, 2012 February 24, 2012 Adoption: February 24, 2012 Submitted to Governor: March 2, 2012 Submitted to House: March 2, 2012 Submitted to Senate: March 2, 2012 Gubernatorial approval: April 13, 2012 Legislative approval: Failure of the Legislature to disapprove the rule(s) resulted in approval on May 1, 2012 Final adoption: May 1, 2012
Effective: July 1, 2012 SUPERSEDED EMERGENCY ACTIONS:
N/A INCORPORATIONS BY REFERENCE:
N/A ANALYSIS: The Department is proposing to: (A) modify Subchapter7 to resolve issues surrounding the date an application for an air quality operating permit must be submitted to the Department; (B) modify Subchapter 7 to achieve consistency between new sources and modifications regarding the requirement for air quality permits for facilities subject to federal New Source Performance Standards (NSPS, 40 CFR Part 60) and/or federal National Emission Standards for Hazardous Air Pollutants (NESHAPs, 40 CFR Parts 61 and 63); and (C) make other nonsubstantive changes in the sections of the rule that are being revised. The Department is proposing to revise OAC 252:100-7-15(a)(2)(B)(I) to narrow the requirement for an existing minor facility to obtain an individual air quality construction permit. The proposed revision would require an existing minor facility to obtain a construction p ermit to add a piece of equipment or a process that is subject to an emission standard, equipment standard, or work practice standard in an NSPS or NESHAP. A construction permit would not be required to add a process or equipment that is subject only to reporting and/or recordkeeping requirements in an applicable NSPS and/or NESHAP. CONTACT PERSON: Cheryl Bradley, Department of Environmental Quality, Air Quality Division, 707 North Robinson, P.O. Box 1677, Oklahoma City, Oklahoma 73101-1677, (405) 702-4100.

PURSUANT TO THE ACTIONS DESCRIBED HEREIN,
THE FOLLOWING RULES ARE CONSIDERED FINALLY ADOPTED AS SET FORTH IN 75 O.S., SECTION 308.1(A), WITH AN EFFECTIVE DATE OF JULY 1, 2012:



### SUBCHAPTER 7. PERMITS FOR MINOR FACILITIES

PART 3. CONSTRUCTION PERMITS

252:100-7-15. Construction permit (a) Construction permit required. A construction permit is required to commence construction or installation of a new facility or the modification of an existing facility as specified in OAC 252:100-7-15(a)(1) and (2). (1) New Facility. No person shall cause or allow the construction or installation of any new minor facility other than a de minimis facility or a permit exempt facility as defined in OAC 252:100-7-1.1 without first obtaining a DEQ-issued air quality construction permit. (2) Modification of an existing facility.(A) A construction permit is required for any modification that would cause an existing facility to no longer qualify for de minimis status, permit exempt facility status, or its current permit category.(B) A construction permit is required for an existing facility covered by an individual permit: (i) to add a piece of equipment or a process that is subject to N S P S o r N E S H A P a n e m i s s i o n

s t a n d a r d

, e q u i p m e n t s t a n d a r d

, o r w o r k p r a c t i c e

s t a n d a r d i n a f e d e r a l N S P S ( 4 0 C F R P a r t 6 0 ) o r a f e d e r a l N E S H A P ( 4 0 C F R P a r t s 6 1 a n d 6 3 ) or (ii) to add or physically modify a piece of equipment or a process that results in an increasein actual emissions of any one regulated air pollutant by more than 5 TPY. (b) Permit categories. Three types of construction permits are available: permit by rule, general permit, and individual permit. A permit by rule may be adopted or a general permit may be issued for an industry if there are a sufficient number of facilities that have the same or substantially similar operations, emissions, and activities that are subject to the same standards, limitations, and operating and monitoring requirements.

Oklahoma Register (Volume 29, Number 19) 

### 994 June 15, 2012

### 1 TITLE 252. DEPARTMENT OF ENVIRONMENTAL QUALITY
CHAPTER 100. AIR POLLUTION CONTROL

SUBCHAPTER 2. INCORPORATION BY REFERENCE

252:100-2-1. Purpose The purpose of this Subchapter is to incorporate by reference applicable provisions of Title 40 of the Code of Federal Regulations (40 CFR) (see OAC 252:100, Appendix Q)

.

252:100-2-3. Reference to Title 40, Code of Federal Regulations (40 CFR) Incorporation by reference Except as provided under this section, the pr ovisions of 40 CFR listed in Appendix Q are hereby incorporated by reference as they existed on August 1, 2011. (a) (1) Inclusion of 40 CFR citations and definitions. When a provision of 40 CFR is incorporated by reference, all citations contained therein are also incorporated by reference. (b) (2) Inconsistencies or duplications of requirements or incorporation dates

. (1) (A) in the event that there are inconsistencie s or duplications between the requirements of this Chapter and the requirements of those provi sions incorporated by reference in Appendix Q
or elsewhere in a specific subchapter of this Chapter, the more stringent requirements shall apply. (2) (B) In the event that a specific date of in corporation is indicated in Appendix Q or a specific subchapter of this Chapter, the specified date of incorporation specified in the specific subchapter shall apply. (c) (3) Terminology related to 40 CFR. For purposes of interfacing with 40 CFR and unless the context clearly indicates otherwise, the following terms apply. (1) (A) "Administrator" is synonymous with " Executive Director." (2) (B) "EPA" is synonymous with " Department of Environmental Quality." (DEQ).

### 2 APPENDIX Q. INCORPORATION BY REFERENCE [NEW]

Except as provided under OAC 252:100-2-3(b)(2), the following provisions of Title 40 of the Code of Federal Regulations are hereby incorpor ated by reference as they existed on August 1, 2011, unless otherwise noted.

PART SUBPART DESCRIPTION

50 n/a Appendix B to Part 50 - Reference Method for the Determination of Suspended Particulate Matter in the At h (Hi h V l M th d)

50 n/a Appendix J to Part 50 - Reference Method for the Determination
of Particulate Matter as PM 10 

### in the Atmosphere

51 F Paragraph 51.100(s)(1) only of Subpart F, Procedural
Re q uirements

51 n/a Appendix P to Part 51 - Minimum Emission Monitoring Requirements

58 n/a Appendix A to Part 58 - Quality Assurance Requirements for SLAMS, SPMs and PSD Air Monitoring

60 A General Provisions [Except 60.4, 60.9, 60.10 and 60.16]

60 D Standards of Performance for Fossil-Fuel-Fired Steam
Generators for Which Construction is Commenced After Au g ust

60 Da Standards of Performance for Electric Utility Steam Generating Units for Which Construction is Commenced After September 18, 1978

60 Db Standards of Performance for Industrial-Commercial-Institutional Steam Generating Units

60 Dc Standards of Performance for Small Industrial-CommercialInstitutional Steam Generating Units

60 E Standards of Performance for Incinerators

60 Ea Standards of Performance for Municipal Waste Combustors for Which Construction is Commenced After December 20, 1989 and on or Before September 20, 1994

60 Eb Standards of Performance for Large Municipal Waste
Combustors for Which Construction is Commenced After September 20, 1994 or for Which Modification or Reconstruction is Commenced After June 19, 1996

60 Ec Standards of Performance for Hospital/Medical/Infectious
Waste Incinerators for Which Construction is Commenced

### 3 PART SUBPART DESCRIPTION

After June 20, 1996

60 F Standards of Performance for Portland Cement Plants

60 G Standards of Performance for Nitric Acid Plants

60 H Standards of Performance for Sulfuric Acid Plants

60 I Standards of Performance for Hot Mix Asphalt Facilities

60 J Standards of Performance for Petroleum Refineries

60 Ja Standards of Performance for Petroleum Refineries for Which Construction, Reconstruction, or Modification Commenced After May 14, 2007

60 K Standards of Performance for Storage Vessels for Petroleum Liquids for Which Construction, Reconstruction, or Modification Commenced After June 11, 1973, and Prior to May 19, 1978

60 Ka Standards of Performance for Storage Vessels for Petroleum Liquids for Which Construction, Reconstruction, or Modification Commenced After May 18, 1978, and Prior to July 23, 1984

60 Kb Standards of Performance for Volatile Organic Liquid Storage Vessels (Including Petroleum Liquid Storage Vessels) for Which Construction, Reconstruction, or Modification Commenced After July 23, 1984

60 L Standards of Performance for Secondary Lead Smelters

60 M Standards of Performance for Secondary Brass and Bronze
Production Plants

60 N Standards of Performance for Primary Emissions from Basic Oxygen Process Furnaces for Which Construction is Commenced After June 11, 1973

60 Na Standards of Performance for Secondary Emissions from Basic Oxygen Process Steelmaking Facilities for Which Construction is Commenced After January 20, 1983

60 O Standards of Performance for Sewage Treatment Plants

60 P Standards of Performance for Primary Copper Smelters

60 Q Standards of Performance for Primary Zinc Smelters

### 4 PART SUBPART DESCRIPTION
60 R Standards of Performance for Primary Lead Smelters

60 S Standards of Performance for Primary Aluminum Reduction
Plants

60 T Standards of Performance for the Phosphate Fertilizer Industry: Wet-Process Phosphoric Acid Plants

60 U Standards of Performance for the Phosphate Fertilizer Industry: Superphosphoric Acid Plants

60 V Standards of Performance for the Phosphate Fertilizer Industry: Diammonium Phosphate Plants

60 W Standards of Performance for the Phosphate Fertilizer Industry: Triple Superphosphate Plants

60 X Standards of Performance for the Phosphate Fertilizer Industry: Granular Triple Superphosphate Storage Facilities

60 Y Standards of Performance for Coal Preparation and Processing
Plants

60 Z Standards of Performance for Ferroalloy Production Facilities

60 AA Standards of Performance for Steel Plants: Electric Arc Furnaces Constructed After October 21, 1974, and On or Before August 17, 1983

60 AAa Standards of Performance for Steel Plants: Electric Arc Furnaces and Argon-Oxygen Decarburization Vessels Constructed After August 17, 1983

60 BB Standards of Performance for Kraft Pulp Mills

60 CC Standards of Performance for Glass Manufacturing Plants

60 DD Standards of Performance for Grain Elevators

60 EE Standards of Performance for Surface Coating of Metal
Furniture

60 GG Standards of Performance for Stationary Gas Turbines

60 HH Standards of Performance for Lime Manufacturing Plants

60 KK Standards of Performance for Lead-Acid Battery Manufacturing
Plants

60 LL Standards of Performance for Metallic Mineral Processing

### 5 PART SUBPART DESCRIPTION

Plants

60 MM Standards of Performance for Automobile and Light Duty Truck
60 NN Standards of Performance for Phosphate Rock Plants

60 PP Standards of Performance for Ammonium Sulfate Manufacture

60 QQ Standards of Performance for the Graphic Arts Industry: Publication Rotogravure Printing

60 RR Standards of Performance for Pressure Sensitive Tape and Label Surface Coating Operations

60 SS Standards of Performance for Industrial Surface Coating: Large Appliances

60 TT Standards of Performance for Metal Coil Surface Coating

60 UU Standards of Performance for Asphalt Processing and Asphalt Roofing Manufacture

60 VV Standards of Performance for Equipment Leaks of VOC in the Synthetic Organic Chemicals Manufacturing Industry for which Construction, Reconstruction, or Modification Commenced After January 5, 1981, and on or Before November 7, 2006

60 VVa Standards of Performance for Equipment Leaks of VOC in the Synthetic Organic Chemicals Manufacturing Industry for Which Construction, Reconstruction, or Modification Commenced After November 7, 2006

60 WW Standards of Performance for the Beverage Can Surface Coating
Industr y

60 XX Standards of Performance for Bulk Gasoline Terminals

60 BBB Standards of Performance for the Rubber Tire Manufacturing
Industr y

60 DDD Standards of Performance for Volatile Organic Compound (VOC) Emissions from the Polymer Manufacturing Industry

60 FFF Standards of Performance for Flexible Vinyl and Urethane Coating and Printing

60 GGG Standards of Performance for Equipment Leaks of VOC in Petroleum Refineries for which Construction, Reconstruction, or Modification Commenced After January 4, 1983, and on or Before November 7, 2006

60 GGGa Standards of Performance for Equipment Leaks of VOC in

### 6 PART SUBPART DESCRIPTION

Petroleum Refineries for Which Construction, Reconstruction, or Modification Commenced After November 7, 2006

60 HHH Standards of Performance for Synthetic Fiber Production
Facilities

60 III Standards of Performance for Volatile Organic Compound (VOC) Emissions From the Synthetic Organic Chemical Manufacturing Industry (SOCMI) Air Oxidation Unit Processes

60 JJJ Standards of Performance for Petroleum Dry Cleaners

60 KKK Standards of Performance for Equipment Leaks of VOC From Onshore Natural Gas Processing Plants

60 LLL Standards of Performance for Onshore Natural Gas Processing:
SO 2 

### Emissions

60 NNN Standards of Performance for Volatile Organic Compound (VOC) Emissions From Synthetic Organic Chemical Manufacturing Industry (SOCMI) Distillation Operations

60 OOO Standards of Performance for Nonmetallic Mineral Processing
Plants

60 PPP Standard of Performance for Wool Fiberglass Insulation Manufacturing Plants

60 QQQ Standards of Performance for VOC Emissions From Petroleum Refinery Wastewater Systems

60 RRR Standards of Performance for Volatile Organic Compound Emissions From Synthetic Organic Chemical Manufacturing Industry (SOCMI) Reactor Processes

60 SSS Standards of Performance for Magnetic Tape Coating Facilities

60 TTT Standards of Performance for Industrial Surface Coating: Surface Coating of Plastic Parts for Business Machines

60 UUU Standards of Performance for Calciners and Dryers in Mineral
Industries

60 VVV Standards of Performance for Polymeric Coating of Supporting
Substrates Facilities

60 WWW Standards of Performance for Municipal Solid Waste Landfills

60 AAAA Standards of Performance for Small Municipal Waste

### 7 PART SUBPART DESCRIPTION

Combustion Units for Which Construction is Commenced After August 30, 1999 or for Which Modification or Reconstruction is Commenced After June 6, 2001

60 EEEE Standards of Performance for Other Solid Waste Incineration Units for Which Construction Is Commenced After December 9, 2004, or for Which Modification or Reconstruction Is Commenced on or After June 16, 2006

60 FFFF Emission Guidelines and Compliance Times for Other Solid
Waste Incineration Units That Commenced Construction On or Before December 9, 2004

60 IIII Standards of Performance for Stationary Compression Ignition Internal Combustion Engines

60 JJJJ Standards of Performance for Stationary Spark Ignition Internal

60 KKKK Standards of Performance for Stationary Combustion Turbines

60 LLLL Standards of Performance for New Sewage Sludge Incineration
Units

60 n/a Appendix A to Part 60 - Test Methods

60 n/a Appendix B to Part 60 - Performance Specifications

61 A General Provisions

61 C National Emission Standard for Beryllium

61 D National Emission Standard for Beryllium Rocket Motor Firing

61 E National Emission Standard for Mercury

61 F National Emission Standard for Vinyl Chloride

61 J National Emission Standard for Equipment Leaks (Fugitive Emission Sources) of Benzene

61 L National Emission Standard for Benzene Emissions from Coke By-Product Recovery Plants

61 M National Emission Standard for Asbestos

61 N National Emission Standard for Inorganic Arsenic Emissions From Glass Manufacturing Plants

61 O National Emission Standard for Inorganic Arsenic Emissions From Primary Copper Smelters

### 8 PART SUBPART DESCRIPTION

61 P National Emission Standard fo r Inorganic Arsenic Emissions
From Arsenic Trioxide and Metallic Arsenic Production
Facilities

61 V National Emission Standard for Equipment Leaks (Fugitive Emission Sources)

61 Y National Emission Standard for Benzene Emissions From Benzene Storage Vessels

61 BB National Emission Standard for Benzene Emissions From Benzene Transfer Operations

61 FF National Emission Standard for Benzene Waste Operations

63 A General Provisions

63 B Sections 63.41, 63.43 and 63.44 only of Subpart B, Requirements for Control Technology Determinations for Major Sources in Accordance With Clean Air Act Sections, Sections 112(g) and 112(j)

63 F National Emission Standards for Organic Hazardous Air Pollutants From the Synthetic Organic Chemical Manufacturing Industry

63 G National Emission Standards for Organic Hazardous Air Pollutants From the Synthetic Organic Chemical Manufacturing Industry for Process Vents, Storage Vessels, Transfer Operations, and Wastewater

63 H National Emission Standards for Organic Hazardous Air Pollutants for Equipment Leaks

63 I National Emission Standards for Organic Hazardous Air Pollutants for Certain Processes Subject to the Negotiated Regulation for Equipment Leaks

63 J National Emission Standards for Hazardous Air Pollutants for Polyvinyl Chloride and Copolymers Production

63 L National Emission Standards for Coke Oven Batteries

63 M National Perchloroethylene Air Emission Standards for Dry Cleaning Facilities

63 N National Emission Standards for Chromium Emissions From Hard and Decorative Chromium Electroplating and Chromium Anodizing Tanks

### 9 PART SUBPART DESCRIPTION

63 O Ethylene Oxide Emissions Standards for Sterilization Facilities

63 Q National Emission Standards for Hazardous Air Pollutants for Industrial Process Cooling Towers

63 R National Emission Standards for Gasoline Distribution Facilities (Bulk Gasoline Terminals and Pipeline Breakout Stations)

63 S National Emission Standards for Hazardous Air Pollutants from the Pulp and Paper Industry

63 T National Emission Standards for Halogenated Solvent Cleaning

63 U National Emission Standards for Hazardous Air Pollutant Emissions: Group I Polymers and Resins

63 W National Emission Standards for Hazardous Air Pollutants for Epoxy Resins Production and Non-Nylon Polyamides
Production

63 X National Emission Standards for Hazardous Air Pollutants from Secondary Lead Smelting

63 Y National Emission Standards for Marine Tank Vessel Loading Operations

63 AA National Emission Standards for Hazardous Air Pollutants From Phosphoric Acid Manufacturing Plants

63 BB National Emission Standards for Hazardous Air Pollutants From Phosphate Fertilizers Production Plants

63 CC National Emission Standards for Hazardous Air Pollutants From
Petroleum Refineries

63 DD National Emission Standards for Hazardous Air Pollutants from Off-Site Waste and Recovery Operations

63 EE National Emission Standards for Magnetic Tape Manufacturing Operations

63 GG National Emission Standards for Aerospace Manufacturing and
Rework Facilities

63 HH National Emission Standards for Hazardous Air Pollutants From
Oil and Natural Gas Production Facilities

63 II National Emission Standards for Shipbuilding and Ship Repair (Surface Coating)

### 10 PART SUBPART DESCRIPTION

63 JJ National Emission Standards for Wood Furniture Manufacturing Operations

63 KK National Emission Standards for the Printing and Publishing Industry

63 LL National Emission Standards for Hazardous Air Pollutants for Primary Aluminum Reduction Plants

63 MM National Emission Standards for Hazardous Air Pollutants for Chemical Recovery Combustion Sources at Kraft, Soda, Sulfite,
and Stand

- Alone Semichemical Pulp Mills

63 OO National Emission Standards for Tanks - Level 1

63 PP National Emission Standards for Containers

63 QQ National Emission Standards for Surface Impoundments

63 RR National Emission Standards for Individual Drain Systems

63 SS National Emission Standards for Closed Vent Systems, Control Devices, Recovery Devices and Routing to a Fuel Gas System
or a Process

63 TT National Emission Standards for Equipment Leaks – Control
Level 1

63 UU National Emission Standards for Equipment Leaks - Control
Level 2 Standards

63 VV National Emission Standards for Oil-Water Separators and Organic-Water Separators

63 WW National Emission Standards for Storage Vessels (Tanks) -
Control Level 2

63 XX National Emission Standards for Ethylene Manufacturing Process Units: Heat Exchange Systems and Waste Operations

63 YY National Emission Standards for Hazardous Air Pollutants for Source Categories: Generic Maximum Achievable Control Technology Standards

63 CCC National Emission Standards for Hazardous Air Pollutants for Steel Pickling - HCl Process Facilities and Hydrochloric Acid
Re g eneration Plants

63 DDD National Emission Standards for Hazardous Air Pollutants for
Mineral Wool Production

### 11 PART SUBPART DESCRIPTION

63 EEE National Emission Standards for Hazardous Air Pollutants from
Hazardous Waste Combustors

63 GGG National Emission Standards for Pharmaceuticals Production

63 HHH National Emission Standards for Hazardous Air Pollutants From Natural Gas Transmission and Storage Facilities

63 III National Emission Standards for Hazardous Air Pollutants for Flexible Polyurethane Foam Production

63 JJJ National Emission Standards for Hazardous Air Pollutant Emissions: Group IV Polymers and Resins

63 LLL National Emission Standards for Hazardous Air Pollutants From the Portland Cement Manufacturing Industry

63 MMM National Emission Standards for Hazardous Air Pollutants for Pesticide Active Ingredient Production

63 NNN National Emission Standards for Hazardous Air Pollutants for Wool Fiberglass Manufacturing

63 OOO National Emission Standards for Hazardous Air Pollutant
Emissions: Manufacture of Amino/Phenolic Resins

63 PPP National Emission Standards for Hazardous Air Pollutant Emissions for Polyether Polyols Production

63 QQQ National Emission Standards for Hazardous Air Pollutants for Primary Copper Smelting

63 RRR National Emission Standards for Hazardous Air Pollutants for Secondary Aluminum Production

63 TTT National Emission Standards for Hazardous Air Pollutants for Primary Lead Smelting

63 UUU National Emission Standards for Hazardous Air Pollutants for Petroleum Refineries: Catalytic Cracking Units, Catalytic Reforming Units, and Sulfur Recovery Units

63 VVV National Emission Standards for Hazardous Air Pollutants: Publicly Owned Treatment Works

63 XXX National Emission Standards for Hazardous Air Pollutants for Ferroalloys Production: Ferromanganese and Silicomanganese

63 AAAA National Emission Standards for Hazardous Air Pollutants:

### 12 PART SUBPART DESCRIPTION
Municipal Solid Waste Landfills

63 CCCC National Emission Standards for Hazardous Air Pollutants: Manufacturing of Nutritional Yeast

63 EEEE National Emission Standards for Hazardous Air Pollutants: Organic Liquids Distribution (Non-Gasoline)

63 FFFF National Emission Standards for Hazardous Air Pollutants: Miscellaneous Organic Chemical Manufacturing

63 GGGG National Emission Standards for Hazardous Air Pollutants: Solvent Extraction for Vegetable Oil Production

63 HHHH National Emission Standards for Hazardous Air Pollutants for Wet-Formed Fiberglass Mat Production

63 IIII National Emission Standards for Hazardous Air Pollutants: Surface Coating of Automobiles and Light-Duty Trucks

63 JJJJ National Emission Standards for Hazardous Air Pollutants: Paper and Other Web Coating

63 KKKK National Emission Standards for Hazardous Air Pollutants: Surface Coating of Metal Cans

63 MMMM National Emission Standards for Hazardous Air Pollutants for Surface Coating of Miscellaneous Metal Parts and Products

63 NNNN National Emission Standards for Hazardous Air Pollutants: Surface Coating of Large Appliances

63 OOOO National Emission Standards for Hazardous Air Pollutants: Printing, Coating, and Dyeing of Fabrics and Other Textiles

63 PPPP National Emission Standards for Hazardous Air Pollutants for Surface Coating of Plastic Parts and Products

63 QQQQ National Emission Standards for Hazardous Air Pollutants: Surface Coating of Wood Building Products

63 RRRR National Emission Standards for Hazardous Air Pollutants: Surface Coating of Metal Furniture

63 SSSS National Emission Standards for Hazardous Air Pollutants: Surface Coating of Metal Coil

63 TTTT National Emission Standards for Hazardous Air Pollutants for Leather Finishing Operations

### 13 PART SUBPART DESCRIPTION

63 UUUU National Emission Standards for Hazardous Air Pollutants for Cellulose Products Manufacturing

63 VVVV National Emission Standards for Hazardous Air Pollutants for Boat Manufacturing

63 WWWW National Emissions Standards for Hazardous Air Pollutants: Reinforced Plastic Composites Production

63 XXXX National Emissions Standards for Hazardous Air Pollutants: Rubber Tire Manufacturing

63 YYYY National Emission Standards for Hazardous Air Pollutants for Stationary Combustion Turbines

63 ZZZZ National Emission Standards for Hazardous Air Pollutants for Stationary Reciprocating Internal Combustion Engines

63 AAAAA National Emission Standards for Hazardous Air Pollutants for Lime Manufacturing Plants

63 BBBBB National Emission Standards for Hazardous Air Pollutants for Semiconductor Manufacturing

63 CCCCC National Emission Standards for Hazardous Air Pollutants for Coke Ovens: Pushing, Quenching, and Battery Stacks

63 DDDDD National Emission Standards for Hazardous Air Pollutants for Major Sources: Industrial, Commercial, and Institutional Boilers
and Process Heaters

63 EEEEE National Emission Standards for Hazardous Air Pollutants for
Iron and Steel Foundries

63 FFFFF National Emission Standards for Hazardous Air Pollutants for Integrated Iron and Steel Manufacturing Facilities

63 GGGGG National Emission Standards for Hazardous Air Pollutants:
Site Remediation

63 HHHHH National Emission Standards for Hazardous Air Pollutants: Miscellaneous Coating Manufacturing

63 IIIII National Emission Standards for Hazardous Air Pollutants: Mercury Emissions From Mercury Cell Chlor-Alkali Plants

63 LLLLL National Emission Standards for Hazardous Air Pollutants: Asphalt Processing and Asphalt Roofing Manufacturing

### 14 PART SUBPART DESCRIPTION

63 MMMMM National Emission Standards for Hazardous Air Pollutants: Flexible Polyurethane Foam Fabrication Operations

63 NNNNN National Emission Standards for Hazardous Air Pollutants: Hydrochloric Acid Production

63 PPPPP National Emission Standards for Hazardous Air Pollutants for Engine Test Cells/Stands

63 QQQQQ National Emission Standards for Hazardous Air Pollutants for Friction Materials Manufacturing Facilities

63 RRRRR National Emission Standards for Hazardous Air Pollutants: Taconite Iron Ore Processing

63 SSSSS National Emission Standards for Hazardous Air Pollutants for Refractory Products Manufacturing

63 TTTTT National Emission Standards for Hazardous Air Pollutants for Primary Magnesium Refining

63 WWWWW National Emission Standards for Hospital Ethylene Oxide
Sterilizers

63 YYYYY National Emission Standards for Hazardous Air Pollutants for Area Sources: Electric Arc Furnace Steelmaking Facilities

63 ZZZZZ National Emission Standards for Hazardous Air Pollutants for
Iron and Steel Foundries Area Sources

63 BBBBBB National Emission Standards for Hazardous Air Pollutants for Source Category: Gasoline Distribution Bulk Terminals, Bulk Plants, and Pipeline Facilities

63 CCCCCC National Emission Standards for Hazardous Air Pollutants for Source Category: Gasoline Dispensing Facilities

63 DDDDDD National Emission Standards for Hazardous Air Pollutants for Polyvinyl Chloride and Copolymers Production Area Sources

63 EEEEEE National Emission Standards for Hazardous Air Pollutants for Primary Copper Smelting Area Sources

63 FFFFFF National Emission Standards for Hazardous Air Pollutants for Secondary Copper Smelting Area Sources

63 GGGGGG National Emission Standards for Hazardous Air Pollutants for Primary Nonferrous Metals Area Sources - Zinc, Cadmium, and Beryllium

### 15 PART SUBPART DESCRIPTION

63 HHHHHH National Emission Standards for Hazardous Air Pollutants: Paint Stripping and Miscellaneous Surface Coating Operations
at Area Sources

63 JJJJJJ National Emission Standards for Hazardous Air Pollutants for Industrial, Commercial, and Institutional Boilers Area Sources

63 LLLLLL National Emission Standards for Hazardous Air Pollutants for Acrylic and Modacrylic Fibers Production Area Sources

63 MMMMMM National Emission Standards for Hazardous Air Pollutants for
Carbon Black Production Area Sources

63 NNNNNN National Emission Standards for Hazardous Air Pollutants for Chemical Manufacturing Area Sources: Chromium Compounds

63 OOOOOO National Emission Standards for Hazardous Air Pollutants for Flexible Polyurethane Foam Production and Fabrication Area
Sources

63 PPPPPP National Emission Standards for Hazardous Air Pollutants for Lead Acid Battery Manufacturing Area Sources

63 QQQQQQ National Emission Standards for Hazardous Air Pollutants for Wood Preserving Area Sources

63 RRRRRR National Emission Standards for Hazardous Air Pollutants for

63 SSSSSS National Emission Standards for Hazardous Air Pollutants for Glass Manufacturing Area Sources

63 TTTTTT National Emission Standards for Hazardous Air Pollutants for Secondary Nonferrous Metals Processing Area Sources

63 VVVVVV National Emission Standards for Hazardous Air Pollutants for Chemical Manufacturing Area Sources

63 WWWWWW National Emission Standards for Hazardous Air Pollutants: Area Source Standards for Plating and Polishing Operations

63 XXXXXX National Emission Standards for Hazardous Air Pollutants: Area Source Standards for Nine Metal Fabrication and Finishing Source Categories

63 YYYYYY National Emission Standards for Hazardous Air Pollutants for Area Sources: Ferroalloys Production Facilities

63 ZZZZZZ National Emission Standards for Hazardous Air Pollutants: Area Source Standards for Aluminum, Copper, and Other Nonferrous

### 16 PART SUBPART DESCRIPTION

Foundries

63 AAAAAAA National Emission Standards for Hazardous Air Pollutants for Area Sources: Asphalt Processing and Asphalt Roofing Manufacturing

63 BBBBBBB National Emission Standards for Hazardous Air Pollutants for
A S Ch i l i d 63 CCCCCCC National Emission Standards for Hazardous Air Pollutants for 63 DDDDDDD National Emission Standards for Hazardous Air Pollutants for
AS d d f i

63 EEEEEEE National Emission Standards for Hazardous Air Pollutants: Gold Mine Ore Processing and Production Area Source Category

64 n/a (All Sections) Compliance Assurance Monitoring (CAM)

72 All Subparts Permits Regulation

### TITLE 252. DEPARTMENT OF ENVIRONMENTAL QUALITY
CHAPTER 100. AIR POLLUTION CONTROL

SUBCHAPTER 2. INCORPORATION BY REFERENCE

252:100-2-1. Purpose The purpose of this Subchapter is to incorporate by reference applicable provisions of Title 40 of the Code of Federal Regulations (40 CFR) (see OAC 252:100, Appendix Q).

252:100-2-3. Reference to Title 40, Code of Federal Regulations (40 CFR) Incorporation by
reference Except as provided under this section, the provisions of 40 CFR listed in Appendix Q are hereby incorporated by reference as they existed on August 1, 2011. (a) (1) Inclusion of 40 CFR citations and definitions. When a provision of 40 CFR is incorporated by reference, all citations contained therein are also incorporated by reference. (b) (2) Inconsistencies or duplications of requirements or incorporation dates. (1) (A) In the event that there are inconsistencies or duplications between the requirements of this Chapter and the requirements of those provisions incorporated by reference in Appendix Q or elsewhere in a specific subchapter of this Chapter, the more stringent requirements shall apply. (2) (B) In the event that a specific date of incorporation is indicated in Appendix Q or a specific subchapter of this Chapter, the specified date of incorporation specified in the specific subchapter shall apply. (c) (3) Terminology related to 40 CFR. For purposes of interfacing with 40 CFR and unless the context clearly indicates otherwise, the following terms apply. (1) (A) "Administrator" is synonymous with “Executive Director.” (2) (B) "EPA" is synonymous with “Department of Environmental Quality” (DEQ).

Oct11_SC2_RUL.wpd August 30, 2011

### APPENDIX Q. INCORPORATION BY REFERENCE [NEW]

Except as provided under OAC 252:100-2-3(b)(2), the following provisions of Title 40 of the Code of Federal Regulations are hereby incorporated by reference as they existed on August 1, 2011,
unless otherwise noted.

PART SUBPART DESCRIPTION

50 n/a Appendix B to Part 50 - Reference Method for the Determination of Suspended Particulate Matter in the Atmosphere (High-Volume Method)

50 n/a Appendix J to Part 50 - Reference Method for the Determination
of Particulate Matter as PM 10 

### in the Atmosphere

51 F Paragraph 51.100(s)(1) only of Subpart F, Procedural Requirements

51 n/a Appendix P to Part 51 - Minimum Emission Monitoring Requirements

58 n/a Appendix A to Part 58 - Quality Assurance Requirements for SLAMS, SPMs and PSD Air Monitoring

60 A General Provisions [Except 60.4, 60.9, 60.10 and 60.16]

60 D Standards of Performance for Fossil-Fuel-Fired Steam Generators for Which Construction is Commenced After August 17, 1971

60 Da Standards of Performance for Electric Utility Steam Generating Units for Which Construction is Commenced After September 18, 1978

60 Db Standards of Performance for Industrial-CommercialInstitutional Steam Generating Units

60 Dc Standards of Performance for Small Industrial-CommercialInstitutional Steam Generating Units

60 E Standards of Performance for Incinerators

60 Ea Standards of Performance for Municipal Waste Combustors for Which Construction is Commenced After December 20, 1989 and on or Before September 20, 1994

60 Eb Standards of Performance for Large Municipal Waste
Combustors for Which Construction is Commenced After September 20, 1994 or for Which Modification or Reconstruction is Commenced After June 19, 1996

1 Oct11_AppQ_new.wpd September 28, 2011

### PART SUBPART DESCRIPTION

60 Ec Standards of Performance for Hospital/Medical/Infectious Waste
Incinerators for Which Construction is Commenced After June 20, 1996

60 F Standards of Performance for Portland Cement Plants

60 G Standards of Performance for Nitric Acid Plants

60 H Standards of Performance for Sulfuric Acid Plants

60 I Standards of Performance for Hot Mix Asphalt Facilities

60 J Standards of Performance for Petroleum Refineries

60 Ja Standards of Performance for Petroleum Refineries for Which Construction, Reconstruction, or Modification Commenced After May 14, 2007

60 K Standards of Performance for Storage Vessels for Petroleum Liquids for Which Construction, Reconstruction, or Modification Commenced After June 11, 1973, and Prior to May 19, 1978

60 Ka Standards of Performance for Storage Vessels for Petroleum Liquids for Which Construction, Reconstruction, or Modification Commenced After May 18, 1978, and Prior to July 23, 1984

60 Kb Standards of Performance for Volatile Organic Liquid Storage Vessels (Including Petroleum Liquid Storage Vessels) for Which Construction, Reconstruction, or Modification Commenced After July 23, 1984

60 L Standards of Performance for Secondary Lead Smelters

60 M Standards of Performance for Secondary Brass and Bronze
Production Plants

60 N Standards of Performance for Primary Emissions from Basic Oxygen Process Furnaces for Which Construction is Commenced After June 11, 1973

60 Na Standards of Performance for Secondary Emissions from Basic Oxygen Process Steelmaking Facilities for Which Construction is Commenced After January 20, 1983

60 O Standards of Performance for Sewage Treatment Plants

60 P Standards of Performance for Primary Copper Smelters

2 Oct11_AppQ_new.wpd September 28, 2011

### PART SUBPART DESCRIPTION

60 Q Standards of Performance for Primary Zinc Smelters

60 R Standards of Performance for Primary Lead Smelters

60 S Standards of Performance for Primary Aluminum Reduction
Plants

60 T Standards of Performance for the Phosphate Fertilizer Industry: Wet-Process Phosphoric Acid Plants

60 U Standards of Performance for the Phosphate Fertilizer Industry: Superphosphoric Acid Plants

60 V Standards of Performance for the Phosphate Fertilizer Industry: Diammonium Phosphate Plants

60 W Standards of Performance for the Phosphate Fertilizer Industry: Triple Superphosphate Plants

60 X Standards of Performance for the Phosphate Fertilizer Industry: Granular Triple Superphosphate Storage Facilities

60 Y Standards of Performance for Coal Preparation and Processing
Plants

60 Z Standards of Performance for Ferroalloy Production Facilities

60 AA Standards of Performance for Steel Plants: Electric Arc Furnaces Constructed After October 21, 1974, and On or Before August 17, 1983

60 AAa Standards of Performance for Steel Plants: Electric Arc Furnaces and Argon-Oxygen Decarburization Vessels Constructed After August 17, 1983

60 BB Standards of Performance for Kraft Pulp Mills

60 CC Standards of Performance for Glass Manufacturing Plants

60 DD Standards of Performance for Grain Elevators

60 EE Standards of Performance for Surface Coating of Metal
Furniture

60 GG Standards of Performance for Stationary Gas Turbines

60 HH Standards of Performance for Lime Manufacturing Plants

60 KK Standards of Performance for Lead-Acid Battery Manufacturing
Plants

3 Oct11_AppQ_new.wpd September 28, 2011

### PART SUBPART DESCRIPTION

60 LL Standards of Performance for Metallic Mineral Processing
Plants

60 MM Standards of Performance for Automobile and Light Duty Truck Surface Coating Operations

60 NN Standards of Performance for Phosphate Rock Plants

60 PP Standards of Performance for Ammonium Sulfate Manufacture

60 QQ Standards of Performance for the Graphic Arts Industry: Publication Rotogravure Printing

60 RR Standards of Performance for Pressure Sensitive Tape and Label Surface Coating Operations

60 SS Standards of Performance for Industrial Surface Coating: Large Appliances

60 TT Standards of Performance for Metal Coil Surface Coating

60 UU Standards of Performance for Asphalt Processing and Asphalt Roofing Manufacture

60 VV Standards of Performance for Equipment Leaks of VOC in the Synthetic Organic Chemicals Manufacturing Industry for which Construction, Reconstruction, or Modification Commenced After January 5, 1981, and on or Before November 7, 2006

60 VVa Standards of Performance for Equipment Leaks of VOC in the Synthetic Organic Chemicals Manufacturing Industry for Which Construction, Reconstruction, or Modification Commenced After November 7, 2006

60 WW Standards of Performance for the Beverage Can Surface Coating Industry

60 XX Standards of Performance for Bulk Gasoline Terminals

60 BBB Standards of Performance for the Rubber Tire Manufacturing Industry

60 DDD Standards of Performance for Volatile Organic Compound (VOC) Emissions from the Polymer Manufacturing Industry

60 FFF Standards of Performance for Flexible Vinyl and Urethane Coating and Printing

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### PART SUBPART DESCRIPTION

60 GGG Standards of Performance for Equipment Leaks of VOC in Petroleum Refineries for which Construction, Reconstruction, or Modification Commenced After January 4, 1983, and on or Before November 7, 2006

60 GGGa Standards of Performance for Equipment Leaks of VOC in Petroleum Refineries for Which Construction, Reconstruction, or Modification Commenced After November 7, 2006

60 HHH Standards of Performance for Synthetic Fiber Production
Facilities

60 III Standards of Performance for Volatile Organic Compound (VOC) Emissions From the Synthetic Organic Chemical Manufacturing Industry (SOCMI) Air Oxidation Unit Processes

60 JJJ Standards of Performance for Petroleum Dry Cleaners

60 KKK Standards of Performance for Equipment Leaks of VOC From Onshore Natural Gas Processing Plants

60 LLL Standards of Performance for Onshore Natural Gas Processing:
SO 2 

### Emissions

60 NNN Standards of Performance for Volatile Organic Compound (VOC) Emissions From Synthetic Organic Chemical Manufacturing Industry (SOCMI) Distillation Operations

60 OOO Standards of Performance for Nonmetallic Mineral Processing
Plants

60 PPP Standard of Performance for Wool Fiberglass Insulation Manufacturing Plants

60 QQQ Standards of Performance for VOC Emissions From Petroleum Refinery Wastewater Systems

60 RRR Standards of Performance for Volatile Organic Compound Emissions From Synthetic Organic Chemical Manufacturing Industry (SOCMI) Reactor Processes

60 SSS Standards of Performance for Magnetic Tape Coating Facilities

60 TTT Standards of Performance for Industrial Surface Coating: Surface Coating of Plastic Parts for Business Machines

60 UUU Standards of Performance for Calciners and Dryers in Mineral
Industries

5 Oct11_AppQ_new.wpd September 28, 2011

### PART SUBPART DESCRIPTION

60 VVV Standards of Performance for Polymeric Coating of Supporting
Substrates Facilities

60 WWW Standards of Performance for Municipal Solid Waste Landfills

60 AAAA Standards of Performance for Small Municipal Waste
Combustion Units for Which Construction is Commenced After August 30, 1999 or for Which Modification or Reconstruction is Commenced After June 6, 2001

60 EEEE Standards of Performance for Other Solid Waste Incineration Units for Which Construction Is Commenced After December 9, 2004, or for Which Modification or Reconstruction Is Commenced on or After June 16, 2006

60 FFFF Emission Guidelines and Compliance Times for Other Solid
Waste Incineration Units That Commenced Construction On or Before December 9, 2004

60 IIII Standards of Performance for Stationary Compression Ignition Internal Combustion Engines

60 JJJJ Standards of Performance for Stationary Spark Ignition Internal Combustion Engines

60 KKKK Standards of Performance for Stationary Combustion Turbines

60 LLLL Standards of Performance for New Sewage Sludge Incineration
Units

60 n/a Appendix A to Part 60 - Test Methods

60 n/a Appendix B to Part 60 - Performance Specifications

61 A General Provisions

61 C National Emission Standard for Beryllium

61 D National Emission Standard for Beryllium Rocket Motor Firing

61 E National Emission Standard for Mercury

61 F National Emission Standard for Vinyl Chloride

61 J National Emission Standard for Equipment Leaks (Fugitive Emission Sources) of Benzene

61 L National Emission Standard for Benzene Emissions from Coke By-Product Recovery Plants

6 Oct11_AppQ_new.wpd September 28, 2011

### PART SUBPART DESCRIPTION

61 M National Emission Standard for Asbestos

61 N National Emission Standard for Inorganic Arsenic Emissions From Glass Manufacturing Plants

61 O National Emission Standard for Inorganic Arsenic Emissions From Primary Copper Smelters

61 P National Emission Standard for Inorganic Arsenic Emissions
From Arsenic Trioxide and Metallic Arsenic Production
Facilities

61 V National Emission Standard for Equipment Leaks (Fugitive Emission Sources)

61 Y National Emission Standard for Benzene Emissions From Benzene Storage Vessels

61 BB National Emission Standard for Benzene Emissions From Benzene Transfer Operations

61 FF National Emission Standard for Benzene Waste Operations

63 A General Provisions

63 B Sections 63.41, 63.43 and 63.44 only of Subpart B, Requirements for Control Technology Determinations for Major Sources in Accordance With Clean Air Act Sections, Sections 112(g) and 112(j)

63 F National Emission Standards for Organic Hazardous Air Pollutants From the Synthetic Organic Chemical Manufacturing Industry

63 G National Emission Standards for Organic Hazardous Air Pollutants From the Synthetic Organic Chemical Manufacturing Industry for Process Vents, Storage Vessels, Transfer Operations, and Wastewater

63 H National Emission Standards for Organic Hazardous Air Pollutants for Equipment Leaks

63 I National Emission Standards for Organic Hazardous Air Pollutants for Certain Processes Subject to the Negotiated Regulation for Equipment Leaks

63 J National Emission Standards for Hazardous Air Pollutants for Polyvinyl Chloride and Copolymers Production

7 Oct11_AppQ_new.wpd September 28, 2011

### PART SUBPART DESCRIPTION

63 L National Emission Standards for Coke Oven Batteries

63 M National Perchloroethylene Air Emission Standards for Dry Cleaning Facilities

63 N National Emission Standards for Chromium Emissions From Hard and Decorative Chromium Electroplating and Chromium Anodizing Tanks

63 O Ethylene Oxide Emissions Standards for Sterilization Facilities

63 Q National Emission Standards for Hazardous Air Pollutants for Industrial Process Cooling Towers

63 R National Emission Standards for Gasoline Distribution Facilities (Bulk Gasoline Terminals and Pipeline Breakout Stations)

63 S National Emission Standards for Hazardous Air Pollutants from the Pulp and Paper Industry

63 T National Emission Standards for Halogenated Solvent Cleaning

63 U National Emission Standards for Hazardous Air Pollutant Emissions: Group I Polymers and Resins

63 W National Emission Standards for Hazardous Air Pollutants for Epoxy Resins Production and Non-Nylon Polyamides
Production

63 X National Emission Standards for Hazardous Air Pollutants from Secondary Lead Smelting

63 Y National Emission Standards for Marine Tank Vessel Loading Operations

63 AA National Emission Standards for Hazardous Air Pollutants From Phosphoric Acid Manufacturing Plants

63 BB National Emission Standards for Hazardous Air Pollutants From Phosphate Fertilizers Production Plants

63 CC National Emission Standards for Hazardous Air Pollutants From
Petroleum Refineries

63 DD National Emission Standards for Hazardous Air Pollutants from Off-Site Waste and Recovery Operations

63 EE National Emission Standards for Magnetic Tape Manufacturing Operations

8 Oct11_AppQ_new.wpd September 28, 2011

### PART SUBPART DESCRIPTION

63 GG National Emission Standards for Aerospace Manufacturing and
Rework Facilities

63 HH National Emission Standards for Hazardous Air Pollutants From
Oil and Natural Gas Production Facilities

63 II National Emission Standards for Shipbuilding and Ship Repair (Surface Coating)

63 JJ National Emission Standards for Wood Furniture Manufacturing Operations

63 KK National Emission Standards for the Printing and Publishing Industry

63 LL National Emission Standards for Hazardous Air Pollutants for Primary Aluminum Reduction Plants

63 MM National Emission Standards for Hazardous Air Pollutants for Chemical Recovery Combustion Sources at Kraft, Soda, Sulfite, and Stand-Alone Semichemical Pulp Mills

63 OO National Emission Standards for Tanks - Level 1

63 PP National Emission Standards for Containers

63 QQ National Emission Standards for Surface Impoundments

63 RR National Emission Standards for Individual Drain Systems

63 SS National Emission Standards for Closed Vent Systems, Control Devices, Recovery Devices and Routing to a Fuel Gas System or

a Process

63 TT National Emission Standards for Equipment Leaks – Control
Level 1

63 UU National Emission Standards for Equipment Leaks - Control
Level 2 Standards

63 VV National Emission Standards for Oil-Water Separators and Organic-Water Separators

63 WW National Emission Standards for Storage Vessels (Tanks) -
Control Level 2

63 XX National Emission Standards for Ethylene Manufacturing Process Units: Heat Exchange Systems and Waste Operations

9 Oct11_AppQ_new.wpd September 28, 2011

### PART SUBPART DESCRIPTION

63 YY National Emission Standards for Hazardous Air Pollutants for Source Categories: Generic Maximum Achievable Control Technology Standards

63 CCC National Emission Standards for Hazardous Air Pollutants for Steel Pickling - HCl Process Facilities and Hydrochloric Acid Regeneration Plants

63 DDD National Emission Standards for Hazardous Air Pollutants for
Mineral Wool Production

63 EEE National Emission Standards for Hazardous Air Pollutants from
Hazardous Waste Combustors

63 GGG National Emission Standards for Pharmaceuticals Production

63 HHH National Emission Standards for Hazardous Air Pollutants From Natural Gas Transmission and Storage Facilities

63 III National Emission Standards for Hazardous Air Pollutants for Flexible Polyurethane Foam Production

63 JJJ National Emission Standards for Hazardous Air Pollutant Emissions: Group IV Polymers and Resins

63 LLL National Emission Standards for Hazardous Air Pollutants From the Portland Cement Manufacturing Industry

63 MMM National Emission Standards for Hazardous Air Pollutants for Pesticide Active Ingredient Production

63 NNN National Emission Standards for Hazardous Air Pollutants for Wool Fiberglass Manufacturing

63 OOO National Emission Standards for Hazardous Air Pollutant
Emissions: Manufacture of Amino/Phenolic Resins

63 PPP National Emission Standards for Hazardous Air Pollutant Emissions for Polyether Polyols Production

63 QQQ National Emission Standards for Hazardous Air Pollutants for Primary Copper Smelting

63 RRR National Emission Standards for Hazardous Air Pollutants for Secondary Aluminum Production

63 TTT National Emission Standards for Hazardous Air Pollutants for Primary Lead Smelting

10 Oct11_AppQ_new.wpd September 28, 2011

### PART SUBPART DESCRIPTION

63 UUU National Emission Standards for Hazardous Air Pollutants for Petroleum Refineries: Catalytic Cracking Units, Catalytic Reforming Units, and Sulfur Recovery Units

63 VVV National Emission Standards for Hazardous Air Pollutants: Publicly Owned Treatment Works

63 XXX National Emission Standards for Hazardous Air Pollutants for Ferroalloys Production: Ferromanganese and Silicomanganese

63 AAAA National Emission Standards for Hazardous Air Pollutants: Municipal Solid Waste Landfills

63 CCCC National Emission Standards for Hazardous Air Pollutants: Manufacturing of Nutritional Yeast

63 EEEE National Emission Standards for Hazardous Air Pollutants: Organic Liquids Distribution (Non-Gasoline)

63 FFFF National Emission Standards for Hazardous Air Pollutants: Miscellaneous Organic Chemical Manufacturing

63 GGGG National Emission Standards for Hazardous Air Pollutants: Solvent Extraction for Vegetable Oil Production

63 HHHH National Emission Standards for Hazardous Air Pollutants for Wet-Formed Fiberglass Mat Production

63 IIII National Emission Standards for Hazardous Air Pollutants: Surface Coating of Automobiles and Light-Duty Trucks

63 JJJJ National Emission Standards for Hazardous Air Pollutants: Paper and Other Web Coating

63 KKKK National Emission Standards for Hazardous Air Pollutants: Surface Coating of Metal Cans

63 MMMM National Emission Standards for Hazardous Air Pollutants for Surface Coating of Miscellaneous Metal Parts and Products

63 NNNN National Emission Standards for Hazardous Air Pollutants: Surface Coating of Large Appliances

63 OOOO National Emission Standards for Hazardous Air Pollutants: Printing, Coating, and Dyeing of Fabrics and Other Textiles

63 PPPP National Emission Standards for Hazardous Air Pollutants for Surface Coating of Plastic Parts and Products

11 Oct11_AppQ_new.wpd September 28, 2011

### PART SUBPART DESCRIPTION

63 QQQQ National Emission Standards for Hazardous Air Pollutants: Surface Coating of Wood Building Products

63 RRRR National Emission Standards for Hazardous Air Pollutants: Surface Coating of Metal Furniture

63 SSSS National Emission Standards for Hazardous Air Pollutants: Surface Coating of Metal Coil

63 TTTT National Emission Standards for Hazardous Air Pollutants for Leather Finishing Operations

63 UUUU National Emission Standards for Hazardous Air Pollutants for Cellulose Products Manufacturing

63 VVVV National Emission Standards for Hazardous Air Pollutants for Boat Manufacturing

63 WWWW National Emissions Standards for Hazardous Air Pollutants: Reinforced Plastic Composites Production

63 XXXX National Emissions Standards for Hazardous Air Pollutants: Rubber Tire Manufacturing

63 YYYY National Emission Standards for Hazardous Air Pollutants for Stationary Combustion Turbines

63 ZZZZ National Emission Standards for Hazardous Air Pollutants for Stationary Reciprocating Internal Combustion Engines

63 AAAAA National Emission Standards for Hazardous Air Pollutants for Lime Manufacturing Plants

63 BBBBB National Emission Standards for Hazardous Air Pollutants for Semiconductor Manufacturing

63 CCCCC National Emission Standards for Hazardous Air Pollutants for Coke Ovens: Pushing, Quenching, and Battery Stacks

63 DDDDD National Emission Standards for Hazardous Air Pollutants for Major Sources: Industrial, Commercial, and Institutional Boilers
and Process Heaters

63 EEEEE National Emission Standards for Hazardous Air Pollutants for
Iron and Steel Foundries

63 FFFFF National Emission Standards for Hazardous Air Pollutants for Integrated Iron and Steel Manufacturing Facilities

12 Oct11_AppQ_new.wpd September 28, 2011

### PART SUBPART DESCRIPTION

63 GGGGG National Emission Standards for Hazardous Air Pollutants: Site
Remediation

63 HHHHH National Emission Standards for Hazardous Air Pollutants: Miscellaneous Coating Manufacturing

63 IIIII National Emission Standards for Hazardous Air Pollutants: Mercury Emissions From Mercury Cell Chlor-Alkali Plants

63 LLLLL National Emission Standards for Hazardous Air Pollutants: Asphalt Processing and Asphalt Roofing Manufacturing

63 MMMMM National Emission Standards for Hazardous Air Pollutants: Flexible Polyurethane Foam Fabrication Operations

63 NNNNN National Emission Standards for Hazardous Air Pollutants: Hydrochloric Acid Production

63 PPPPP National Emission Standards for Hazardous Air Pollutants for Engine Test Cells/Stands

63 QQQQQ National Emission Standards for Hazardous Air Pollutants for Friction Materials Manufacturing Facilities

63 RRRRR National Emission Standards for Hazardous Air Pollutants: Taconite Iron Ore Processing

63 SSSSS National Emission Standards for Hazardous Air Pollutants for Refractory Products Manufacturing

63 TTTTT National Emission Standards for Hazardous Air Pollutants for Primary Magnesium Refining

63 WWWWW National Emission Standards for Hospital Ethylene Oxide
Sterilizers

63 YYYYY National Emission Standards for Hazardous Air Pollutants for Area Sources: Electric Arc Furnace Steelmaking Facilities

63 ZZZZZ National Emission Standards for Hazardous Air Pollutants for
Iron and Steel Foundries Area Sources

63 BBBBBB National Emission Standards for Hazardous Air Pollutants for Source Category: Gasoline Distribution Bulk Terminals, Bulk Plants, and Pipeline Facilities

63 CCCCCC National Emission Standards for Hazardous Air Pollutants for Source Category: Gasoline Dispensing Facilities

13 Oct11_AppQ_new.wpd September 28, 2011

### PART SUBPART DESCRIPTION

63 DDDDDD National Emission Standards for Hazardous Air Pollutants for Polyvinyl Chloride and Copolymers Production Area Sources

63 EEEEEE National Emission Standards for Hazardous Air Pollutants for Primary Copper Smelting Area Sources

63 FFFFFF National Emission Standards for Hazardous Air Pollutants for Secondary Copper Smelting Area Sources

63 GGGGGG National Emission Standards for Hazardous Air Pollutants for Primary Nonferrous Metals Area Sources - Zinc, Cadmium, and Beryllium

63 HHHHHH National Emission Standards for Hazardous Air Pollutants: Paint Stripping and Miscellaneous Surface Coating Operations at Area
Sources

63 JJJJJJ National Emission Standards for Hazardous Air Pollutants for Industrial, Commercial, and Institutional Boilers Area Sources

63 LLLLLL National Emission Standards for Hazardous Air Pollutants for Acrylic and Modacrylic Fibers Production Area Sources

63 MMMMMM National Emission Standards for Hazardous Air Pollutants for
Carbon Black Production Area Sources

63 NNNNNN National Emission Standards for Hazardous Air Pollutants for Chemical Manufacturing Area Sources: Chromium Compounds

63 OOOOOO National Emission Standards for Hazardous Air Pollutants for Flexible Polyurethane Foam Production and Fabrication Area
Sources

63 PPPPPP National Emission Standards for Hazardous Air Pollutants for Lead Acid Battery Manufacturing Area Sources

63 QQQQQQ National Emission Standards for Hazardous Air Pollutants for Wood Preserving Area Sources

63 RRRRRR National Emission Standards for Hazardous Air Pollutants for Clay Ceramics Manufacturing Area Sources

63 SSSSSS National Emission Standards for Hazardous Air Pollutants for Glass Manufacturing Area Sources

63 TTTTTT National Emission Standards for Hazardous Air Pollutants for Secondary Nonferrous Metals Processing Area Sources

14 Oct11_AppQ_new.wpd September 28, 2011

### PART SUBPART DESCRIPTION

63 VVVVVV National Emission Standards for Hazardous Air Pollutants for Chemical Manufacturing Area Sources

63 WWWWWW National Emission Standards for Hazardous Air Pollutants: Area Source Standards for Plating and Polishing Operations

63 XXXXXX National Emission Standards for Hazardous Air Pollutants: Area Source Standards for Nine Metal Fabrication and Finishing Source Categories

63 YYYYYY National Emission Standards for Hazardous Air Pollutants for Area Sources: Ferroalloys Production Facilities

63 ZZZZZZ National Emission Standards for Hazardous Air Pollutants: Area Source Standards for Aluminum, Copper, and Other Nonferrous
Foundries

63 AAAAAAA National Emission Standards for Hazardous Air Pollutants for Area Sources: Asphalt Processing and Asphalt Roofing Manufacturing

63 BBBBBBB National Emission Standards for Hazardous Air Pollutants for Area Sources: Chemical Preparations Industry

63 CCCCCCC National Emission Standards for Hazardous Air Pollutants for
Area Sources: Standards for Paints and Allied Products Manufacturing

63 DDDDDDD National Emission Standards for Hazardous Air Pollutants for Area Sources: Prepared Feeds Manufacturing

63 EEEEEEE National Emission Standards for Hazardous Air Pollutants: Gold Mine Ore Processing and Production Area Source Category

64 n/a (All

Sections) Compliance Assurance Monitoring (CAM)

72 All Subparts Permits Regulation

15 Oct11_AppQ_new.wpd September 28, 2011

### APPENDIX Q. INCORPORATION BY REFERENCE [REVOKED]

Except as provided under OAC 252:100-2-3(b)(2 ), the following provisions of Title 40 of the Code of Federal Regulations are
hereby incorporated by reference as they existed on December 10, 2009.

**PART SUBPART DESCRIPTION**

50 n/a Appendix B to Part 50 - Reference Method for the Determination of Suspended Particulate

50 n/a Appendix J to Part 50 - Reference Method for the Determination of Particulate Matter as

51 F Paragraph 51.100(s)(1) only of Subpart F, Procedural Requirements

51 n/a Appendix P to Part 51 - Minimum Emission Monitoring Requirements

58 n/a Appendix A to Part 58 - Quality Assurance Requirements for SLAMS, SPMs and PSD Air

60 A General Provisions [Except 60.4, 60.9, 60.10 and 60.16]

60 D Standards of Performance for Fossil-Fuel-Fired Steam Generators for Which Construction is

60 Da Standards of Performance for Electric Utility Steam Generating Units for Which Construction

60 Db Standards of Performance for Industrial- Commercial-Institutional Steam Generating Units

60 Dc Standards of Performance for Small Industrial -Commercial-Institutional Steam Generating

60 E Standards of Performance for Incinerators

60 Ea Standards of Performance for Municipal Waste Combustors for Which Construction is

60 Eb Standards of Performance for Large Municipal Waste Combustors for Which Construction is

60 Ec Standards of Performance for Hospital/Medical/Infectious Waste Incinerators for Which

60 F Standards of Performance for Portland Cement Plants

60 G Standards of Performance for Nitric Acid Plants

60 H Standards of Performance for Sulfuric Acid Plants

60 I Standards of Performance for Hot Mix Asphalt Facilities

60 J Standards of Performance for Petroleum Refineries

60 Ja Standards of Performance for Petroleum Refineries for Which Construction, Reconstruction,

60 K Standards of Performance for Storage Vessels for Petroleum Liquids for Which Construction,

60 Ka Standards of Performance for Storage Vessels for Petroleum Liquids for Which Construction,

60 Kb Standards of Performance for Volatile Organic Liquid Storage Vessels (Including Petroleum

60 L Standards of Performance for Secondary Lead Smelters

60 M Standards of Performance for Secondary Brass and Bronze Production Plants

60 N Standards of Performance for Primary Emission s from Basic Oxygen Process Furnaces for

60 Na Standards of Performance for Secondary Emissions from Basic Oxygen Process Steelmaking

60 O Standards of Performance for Sewage Treatment Plants

60 P Standards of Performance for Primary Copper Smelters

60 Q Standards of Performance for Primary Zinc Smelters

60 R Standards of Performance for Primary Lead Smelters

60 S Standards of Performance for Primary Aluminum Reduction Plants

### PART SUBPART **DESCRIPTION**

60 T Standards of Performance for the Phosphate Fertilizer Industry: Wet-Process Phosphoric

60 U Standards of Performance for the Phosphate Fertilizer Industry: Superphosphoric Acid Plants

60 V Standards of Performance for the Phosphate Fertilizer Industry: Diammonium Phosphate

60 W Standards of Performance for the Phosphate Fertilizer Industry: Triple Superphosphate

60 X Standards of Performance for the Phosphate Fertilizer Industry: Granular Triple

60 Y Standards of Performance for Coal Preparation and Processing Plants

60 Z Standards of Performance for Ferroalloy Production Facilities

60 AA Standards of Performance for Steel Plants: Electric Arc Furnaces Constructed After October

60 AAa Standards of Performance for Steel Plants: Electric Arc Furnaces and Argon-Oxygen

60 BB Standards of Performance for Kraft Pulp Mills

60 CC Standards of Performance for Glass Manufacturing Plants

60 DD Standards of Performance for Grain Elevators

60 EE Standards of Performance for Surface Coating of Metal Furniture

60 GG Standards of Performance for Stationary Gas Turbines

60 HH Standards of Performance for Lime Manufacturing Plants

60 KK Standards of Performance for Lead-Acid Battery Manufacturing Plants

60 LL Standards of Performance for Metallic Mineral Processing Plants

60 MM Standards of Performance for Automobile and Light Duty Truck Surface Coating Operations

60 NN Standards of Performance for Phosphate Rock Plants

60 PP Standards of Performance for Ammonium Sulfate Manufacture

60 QQ Standards of Performance for the Graphic Arts Industry: Publication Rotogravure Printing

60 RR Standards of Performance for Pressure Sensitive Tape and Label Surface Coating Operations

60 SS Standards of Performance for Industrial Surface Coating: Large Appliances

60 TT Standards of Performance for Metal Coil Surface Coating

60 UU Standards of Performance for Asphalt Processing and Asphalt Roofing Manufacture

60 VV Standards of Performance for Equipment Leaks of VOC in the Synthetic Organic Chemicals

60 VVa Standards of Performance for Equipment Leaks of VOC in the Synthetic Organic Chemicals

60 WW Standards of Performance for the Beverage Can Surface Coating Industry

60 XX Standards of Performance for Bulk Gasoline Terminals

60 BBB Standards of Performance for the Rubber Tire Manufacturing Industry

60 DDD Standards of Performance for Volatile Organic Compound (VOC) Emissions from the

60 FFF Standards of Performance for Flexible Vinyl and Urethane Coating and Printing

60 GGG Standards of Performance for Equipment Leaks of VOC in Petroleum Refineries for which

60 GGGa Standards of Performance for Equipment Leaks of VOC in Petroleum Refineries for Which

60 HHH Standards of Performance for Synthetic Fiber Production Facilities

60 III Standards of Performance for Volatile Organic Compound (VOC) Emissions From the

### PART SUBPART **DESCRIPTION**

60 JJJ Standards of Performance for Petroleum Dry Cleaners

60 KKK Standards of Performance for Equipment Leaks of VOC From Onshore Natural Gas

60 LLL Standards of Performance for Onshore Natural Gas Processing: SO 2 

### Emissions

60 NNN Standards of Performance for Volatile Organic Compound (VOC) Emissions From Synthetic

60 OOO Standards of Performance for Nonmetallic Mineral Processing Plants

60 PPP Standard of Performance for Wool Fiberglass Insulation Manufacturing Plants

60 QQQ Standards of Performance for VOC Emissions From Petroleum Refinery Wastewater Systems

60 RRR Standards of Performance for Volatile Organic Compound Emissions From Synthetic

60 SSS Standards of Performance for Magnetic Tape Coating Facilities

60 TTT Standards of Performance for Industrial Surfac e Coating: Surface Coating of Plastic Parts for

60 UUU Standards of Performance for Calciners and Dryers in Mineral Industries

60 VVV Standards of Performance for Polymeric Coating of Supporting Substrates Facilities

60 WWW Standards of Performance for Municipal Solid Waste Landfills

60 AAAA Standards of Performance for Small Municipal Waste Combustion Units for Which

60 EEEE Standards of Performance for Other Solid Waste Incineration Units for Which Construction

60 FFFF Emission Guidelines and Compliance Times for Other Solid Waste Incineration Units That

60 IIII Standards of Performance for Stationary Compression Ignition Internal Combustion Engines

60 JJJJ Standards of Performance for Stationary Spark Ignition Internal Combustion Engines

60 KKKK Standards of Performance for Stationary Combustion Turbines

60 n/a Appendix A to Part 60 - Test Methods

60 n/a Appendix B to Part 60 - Performance Specifications

61 A General Provisions

61 C National Emission Standard for Beryllium

61 D National Emission Standard for Beryllium Rocket Motor Firing

61 E National Emission Standard for Mercury

61 F National Emission Standard for Vinyl Chloride

61 J National Emission Standard for Equipment Leaks (Fugitive Emission Sources) of Benzene

61 L National Emission Standard for Benzene Emissions from Coke By-Product Recovery Plants

61 M National Emission Standard for Asbestos

61 N National Emission Standard for Inorganic Arsenic Emissions From Glass Manufacturing

61 O National Emission Standard for Inorganic Arsenic Emissions From Primary Copper Smelters

61 P National Emission Standard for Inorganic Arsenic Emissions From Arsenic Trioxide and

61 V National Emission Standard for Equipment Leaks (Fugitive Emission Sources)

61 Y National Emission Standard for Benzene Emissions From Benzene Storage Vessels

61 BB National Emission Standard for Benzene Emissions From Benzene Transfer Operations

61 FF National Emission Standard for Benzene Waste Operations

### PART SUBPART **DESCRIPTION**

63 A General Provisions

63 B Sections 63.41, 63.43 and 63.44 only of Subpart B, Requirements for Control Technology

63 F National Emission Standards for Organic Hazardous Air Pollutants From the Synthetic

63 G National Emission Standards for Organic Hazardous Air Pollutants From the Synthetic

63 H National Emission Standards for Organic Hazardous Air Pollutants for Equipment Leaks

63 I National Emission Standards for Organic Hazardous Air Pollutants for Certain Processes

63 J National Emission Standards for Hazardous Air Pollutants for Polyvinyl Chloride and

63 L National Emission Standards for Coke Oven Batteries

63 M National Perchloroethylene Air Emissi on Standards for Dry Cleaning Facilities

63 N National Emission Standards for Chromium Emissions From Hard and Decorative

63 O Ethylene Oxide Emissions Standards for Sterilization Facilities

63 Q National Emission Standards for Hazardous Air Pollutants for Industrial Process Cooling

63 R National Emission Standards for Gasoline Distribution Facilities (Bulk Gasoline Terminals

63 S National Emission Standards for Hazardous Air Pollutants from the Pulp and Paper Industry

63 T National Emission Standards for Halogenated Solvent Cleaning

63 U National Emission Standards for Hazardous Air Pollutant Emissions: Group I Polymers and

63 W National Emission Standards for Hazardous Air Pollutants for Epoxy Resins Production and

63 X National Emission Standards for Hazardous Air Pollutants from Secondary Lead Smelting

63 Y National Emission Standards for Marine Tank Vessel Loading Operations

63 AA National Emission Standards for Hazardous Air Pollutants From Phosphoric Acid

63 BB National Emission Standards for Hazardous Air Pollutants From Phosphate Fertilizers

63 CC National Emission Standards for Hazardous Air Pollutants From Petroleum Refineries

63 DD National Emission Standards for Hazardous Ai r Pollutants from Off-Site Waste and Recovery

63 EE National Emission Standards for Magnetic Tape Manufacturing Operations

63 GG National Emission Standards for Aerospace Manufacturing and Rework Facilities

63 HH National Emission Standards for Hazardous Air Pollutants From Oil and Natural Gas

63 II National Emission Standards for Shipbuilding and Ship Repair (Surface Coating)

63 JJ National Emission Standards for Wood Furniture Manufacturing Operations

63 KK National Emission Standards for the Printing and Publishing Industry

63 LL National Emission Standards for Hazardous Air Pollutants for Primary Aluminum Reduction

63 MM National Emission Standards for Hazardous Air Pollutants for Chemical Recovery

63 OO National Emission Standards for Tanks - Level 1

63 PP National Emission Standards for Containers

63 QQ National Emission Standards for Surface Impoundments

63 RR National Emission Standards for Individual Drain Systems

63 SS National Emission Standards for Closed Vent Systems, Control Devices, Recovery Devices

### PART SUBPART **DESCRIPTION**

63 TT National Emission Standards for Equipment Leaks – Control Level 1

63 UU National Emission Standards for Equipment Leaks - Control Level 2 Standards

63 VV National Emission Standards for Oil-Wate r Separators and Organic-Water Separators

63 WW National Emission Standards for Storage Vessels (Tanks) - Control Level 2

63 XX National Emission Standards for Ethylene Manufacturing Process Units: Heat Exchange

63 YY National Emission Standards for Hazardous Air Pollutants for Source Categories: Generic

63 CCC National Emission Standards for Hazardous Air Pollutants for Steel Pickling - HCl Process

63 DDD National Emission Standards for Hazardous Air Pollutants for Mineral Wool Production

63 EEE National Emission Standards for Hazar dous Air Pollutants from Hazardous Waste

63 GGG National Emission Standards for Pharmaceuticals Production

63 HHH National Emission Standards for Hazardous Air Pollutants From Natural Gas Transmission

63 III National Emission Standards for Hazardous Air Pollutants for Flexible Polyurethane Foam

63 JJJ National Emission Standards for Hazardous Air Pollutant Emissions: Group IV Polymers and

63 LLL National Emission Standards for Hazardous Air Pollutants From the Portland Cement

63 MMM National Emission Standards for Hazardous Air Pollutants for Pesticide Active Ingredient

63 NNN National Emission Standards for Hazardous Air Pollutants for Wool Fiberglass

63 OOO National Emission Standards for Hazardous Air Pollutant Emissions: Manufacture of

63 PPP National Emission Standards for Hazardous Air Pollutant Emissions for Polyether Polyols

63 QQQ National Emission Standards for Hazar dous Air Pollutants for Primary Copper Smelting

63 RRR National Emission Standards for Hazardous Air Pollutants for Secondary Aluminum

63 TTT National Emission Standards for Hazardous Air Pollutants for Primary Lead Smelting

63 UUU National Emission Standards for Hazardous Air Pollutants for Petroleum Refineries: Catalytic

63 VVV National Emission Standards for Hazardous Air Pollutants: Publicly Owned Treatment

63 XXX National Emission Standards for Hazardous Air Pollutants for Ferroalloys Production:

63 AAAA National Emission Standards for Hazardous Air Pollutants: Municipal Solid Waste Landfills

63 CCCC National Emission Standards for Hazardous Ai r Pollutants: Manufacturing of Nutritional

63 EEEE National Emission Standards for Hazardous Air Pollutants: Organic Liquids Distribution

63 FFFF National Emission Standards for Hazardous Ai r Pollutants: Miscellaneous Organic Chemical

63 GGGG National Emission Standards for Hazardous Air Pollutants: Solvent Extraction for Vegetable

63 HHHH National Emission Standards for Hazardous Air Pollutants for Wet-Formed Fiberglass Mat

63 IIII National Emission Standards for Hazardous Ai r Pollutants: Surface Coating of Automobiles

63 JJJJ National Emission Standards for Hazardou s Air Pollutants: Paper and Other Web Coating

63 KKKK National Emission Standards for Hazardous Air Pollutants: Surface Coating of Metal Cans

63 MMMM National Emission Standards for Hazardous Air Pollutants for Surface Coating of

63 NNNN National Emission Standards for Hazardous Air Pollutants: Surface Coating of Large

63 OOOO National Emission Standards for Hazardous Air Pollutants: Printing, Coating, and Dyeing of

### PART SUBPART **DESCRIPTION**

63 PPPP National Emission Standards for Hazardous Air Pollutants for Surface Coating of Plastic Parts

63 QQQQ National Emission Standards for Hazardou s Air Pollutants: Surface Coating of Wood

63 RRRR National Emission Standards for Hazardous Air Pollutants: Surface Coating of Metal

63 SSSS National Emission Standards for Hazardous Air Pollutants: Surface Coating of Metal Coil

63 TTTT National Emission Standards for Hazardous Air Pollutants for Leather Finishing Operations

63 UUUU National Emission Standards for Hazardous Air Pollutants for Cellulose Products

63 VVVV National Emission Standards for Hazardous Air Pollutants for Boat Manufacturing

63 WWWW National Emissions Standards for Hazardous Air Pollutants: Reinforced Plastic Composites

63 XXXX National Emissions Standards for Hazardous Air Pollutants: Rubber Tire Manufacturing

63 YYYY National Emission Standards for Hazardous Air Pollutants for Stationary Combustion

63 ZZZZ National Emission Standards for Hazardous Air Pollutants for Stationary Reciprocating

63 AAAAA National Emission Standards for Hazardous Air Pollutants for Lime Manufacturing Plants

63 BBBBB National Emission Standards for Hazardou s Air Pollutants for Semiconductor Manufacturing

63 CCCCC National Emission Standards for Hazardous Air Pollutants for Coke Ovens: Pushing,

63 EEEEE National Emission Standards for Hazardous Air Pollutants for Iron and Steel Foundries

63 FFFFF National Emission Standards for Hazardous Air Pollutants for Integrated Iron and Steel

63 GGGGG National Emission Standards for Hazardous Air Pollutants: Site Remediation

63 HHHHH National Emission Standards for Hazardous Air Pollutants: Miscellaneous Coating

63 IIIII National Emission Standards for Hazardous Air Pollutants: Mercury Emissions From

63 LLLLL National Emission Standards for Hazardous Air Pollutants: Asphalt Processing and Asphalt

63 MMMMM National Emission Standards for Hazardous Air Pollutants: Flexible Polyurethane Foam

63 NNNNN National Emission Standards for Hazardous Air Pollutants: Hydrochloric Acid Production

63 PPPPP National Emission Standards for Hazardous Air Pollutants for Engine Test Cells/Stands

63 QQQQQ National Emission Standards for Hazardous Air Pollutants for Friction Materials

63 RRRRR National Emission Standards for Hazardous Air Pollutants: Taconite Iron Ore Processing

63 SSSSS National Emission Standards for Hazardous Air Pollutants for Refractory Products

63 TTTTT National Emission Standards for Hazardous Air Pollutants for Primary Magnesium Refining

63 WWWWW National Emission Standards for Hospital Ethylene Oxide Sterilizers

63 YYYYY National Emission Standards for Hazardous Ai r Pollutants for Area Sources: Electric Arc

63 ZZZZZ National Emission Standards for Hazardous Air Pollutants for Iron and Steel Foundries Area

63 BBBBBB National Emission Standards for Hazardous Air Pollutants for Source Category: Gasoline

63 CCCCCC National Emission Standards for Hazardous Air Pollutants for Source Category: Gasoline

63 DDDDDD National Emission Standards for Hazardous Air Pollutants for Polyvinyl Chloride and

63 EEEEEE National Emission Standards for Hazardous Ai r Pollutants for Primary Copper Smelting Area

63 FFFFFF National Emission Standards for Hazardous Air Pollutants for Secondary Copper Smelting

63 GGGGGG National Emission Standards for Hazardous Ai r Pollutants for Primary Nonferrous Metals

### PART SUBPART **DESCRIPTION**

63 HHHHHH National Emission Standards for Hazardous Air Pollutants: Paint Stripping and

63 LLLLLL National Emission Standards for Hazardous Air Pollutants for Acrylic and Modacrylic Fibers

63 MMMMMM National Emission Standards for Hazardous Ai r Pollutants for Carbon Black Production Area

63 NNNNNN National Emission Standards for Hazardous Ai r Pollutants for Chemical Manufacturing Area

63 OOOOOO National Emission Standards for Hazardous Air Pollutants for Flexible Polyurethane Foam

63 PPPPPP National Emission Standards for Hazardous Air Pollutants for Lead Acid Battery

63 QQQQQQ National Emission Standards for Hazardous Air Pollutants for Wood Preserving Area Sources

63 RRRRRR National Emission Standards for Hazardous Ai r Pollutants for Clay Ceramics Manufacturing

63 SSSSSS National Emission Standards for Hazardous Air Pollutants for Glass Manufacturing Area

63 TTTTTT National Emission Standards for Hazardous Ai r Pollutants for Secondary Nonferrous Metals

63 VVVVVV National Emission Standards for Hazardous Ai r Pollutants for Chemical Manufacturing Area

63 WWWWWW National Emission Standards for Hazardous Air Pollutants: Area Source Standards for Plating

63 XXXXXX National Emission Standards for Hazardous Air Pollutants Area Source Standards for Nine

63 YYYYYY National Emission Standards for Hazardous Ai r Pollutants for Area Sources: Ferroalloys

63 ZZZZZZ National Emission Standards for Hazardous Air Pollutants: Area Source Standards for

63 AAAAAAA National Emission Standards for Hazardous Air Pollutants for Area Sources: Asphalt

63 CCCCCCC National Emission Standards for Hazardous Ai r Pollutants: Area Source Standards for Paints

64 All Subparts Compliance Assurance Monitoring (CAM)

72 All Subparts Permits Regulation

## Permanent Final Adoptions

TITLE 252. DEPARTMENT OF ENVIRONMENTAL QUALITY CHAPTER 100. AIR POLLUTION CONTROL

[OAR Docket #12-444]

RULEMAKING ACTION: PERMANENT final adoption RULES: Subchapter 2. Incorporation By Reference 252:100-2-1. [AMENDED] 252:100-2-3. [AMENDED] Appendix Q. Incorporation By Reference [REVOKED] Appendix Q. Incorporation By Reference [NEW]
AUTHORITY: Environmental Quality Board; 27A O.S.§§ 2-2-101 and 2-2-201; and Oklahoma Clean Air Act, 27A O.S. §§ 2-5-101 et seq. DATES: Comment period: September 15, 2010 through October 27, 2010 December 15, 2010 through January 19, 2011 September 1, 2011 through October 5, 2011 Public hearing: October 27, 2010, January 19, 2011, and October 5, 2011 November 15, 2011 Adoption: November 15, 2011 Submitted to Governor: November 21, 2011 Submitted to House: November 21, 2011 Submitted to Senate: November 21, 2011 Gubernatorial approval: December 21, 2011 Legislative approval: Failure of the Legislature to disapprove the rules resulted in approval on March 29, 2012 Final adoption: March 29, 2012
Effective: July 1, 2012 SUPERSEDED EMERGENCY ACTIONS:
n/a INCORPORATIONS BY REFERENCE: Incorporated standards as they existed on August 1, 2011: 40 CFR Part 60, Subpart LLLL, Standards of Performance for New Sewage Sludge Incineration Units 40 CFR Part 63, Subpart DDDDD, National Emission Standards for Hazardous Air Pollutants for Major S ources: Industrial, Commercial, and
Institutional Boilers and Process Heaters 40 CFR Part 63, Subpart JJJJJJ, National Emission Standards for Hazardous Air Pollutants for Industrial, Commercial, and Institutional Boilers
Area Sources 40 CFR Part 63, Subpart BBBBBBB, National Emission Standards for
Hazardous Air Pollutants for Area Sources: Chemical Preparations Industry 40 CFR Part 63, Subpart DDDDDDD, National Emission Standards for Hazardous Air Pollutants for Area Sources: Prepared Feeds Manufacturing 40 CFR Part 63, Subpart EEEEEEE, National Emission Standards for Hazardous Air Pollutants: Gold Mine Ore Processing and Production Area Source Category Incorporating rules:
252:100-2-3 Appendix Q. Incorporation By Reference Availability: The standards are on file at the Department of Environmental Quality, 707 North Robinson, Oklahoma City, Oklahoma, 73102, and are available to the public for examination Monday through Friday between the hours of 8:00 a.m. and 4:30 p.m., excluding state holidays. ANALYSIS: The Department is proposing changes to Subchapter 2, Incorporation By Reference, to clarify the purpose. In a ddition, the Department is proposing to update the federal regulations incorporated by reference in Appendix Q. The existing Appendix Q will be revoked and a new Appendix Q will be adopted. These proposals are part of the annual review of Title 40, Code of Federal Regulations (40 CFR) incorporations by reference. CONTACT PERSON: Cheryl Bradley, Department of Environmental Quality, Air Quality Division, 707 North Robinson, P.O. Box 1677, Oklahoma City, Oklahoma 73101-1677, (405) 702-4100

PURSUANT TO THE ACTIONS DESCRIBED HEREIN,
THE FOLLOWING RULES ARE CONSIDERED FINALLY ADOPTED AS SET FORTH IN 75 O.S., SECTION 308.1(A), WITH AN EFFECTIVE DATE OF JULY 1, 2012:



### SUBCHAPTER 2. INCORPORATION BY REFERENCE

252:100-2-1. PurposeThe purpose of this Subchapter is to incorporate by reference applicable provisions of Title 40 of the Code of Federal Regulations ( 4 0 C F R ) ( s e e O A C 2 5 2 : 1 0 0

, A p p e n d i x Q )

.

252:100-2-3. R e f e r e n c e t o T i t l e 4 0
, C o d e o f F e d e r a l
R e g u l a t i o n s ( 4 0 C F R ) I n c o r p o r a t i o n b y

r e f e r e n c e E x c e p t a s p r o v i d e d u n d e r t h i s s e c t i o n , t h e p r o v i s i o n s o f 4 0
C F R l i s t e d i n A p p e n d i x Q a r e h e r e b y i n c o r p o r a t e d b y r e f e r e n c e

a s t h e y e x i s t e d o n A u g u s t 1

, 2 0 1 1

. (a 1 ) Inclusion of 4 0 CFR citations and definitions. When a provision of 40 CFR is incorporated by reference, all citations contained therein are also incorporated by
reference. (b 2 ) Inconsistencies or duplications o f r e q u i r e m e n t s

o r i n c o r p o r a t i o n d a t e s

. (1 A ) in the event that there are inconsistencies or duplications between the requirements of this Chapter and the requirements of those provisions incorporated by reference in Appendix Q or e l s e w h e r e in a s p e

c i f i c s u b c h a p t e r o f this Chapter, the more stringent requirements shall apply. (2 B ) In the event that a specific date of incorporation is indicated i n A p p e n d i x Q o r a s p e c i f i c subchapter of this Chapter, the s p e c i f i e d date of incorporation s p e c i f i e d i n t h e s p e c i f i c s u b c h a p t e r shall apply. (c 3 ) Terminology related to 40 CFR. For purposes of interfacing with 40 CFR and unless the context clearly indicates otherwise, the following terms apply. (1 A) "Administrator" is synonymous with " Executive Director." (2 B ) "EPA" is synonymous with " Department of Environmental Quality." (DEQ).

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## Permanent Final Adoptions

APPENDIX Q. INCORPORATION BY REFERENCE [REVOKED]

APPENDIX Q. INCORPORATION BY REFERENCE [NEW]

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[OAR Docket #12-444; filed 4-25-12]

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### 1 TITLE 252. DEPARTMENT OF ENVIRONMENTAL QUALITY
CHAPTER 100. AIR POLLUTION CONTROL

SUBCHAPTER 8. PERMITS FOR PART 70 SOURCES

PART 5. PERMITS FOR PART 70 SOURCES

252:100-8-2. Definitions The following words and terms, when used in this Part, shall have the following meaning, unless the context clearly indicates otherwise. Except as specifically provided in this Section, terms used in this Part retain the meaning acco rded them under the applicable requirements of
the Act. "Administratively complete" means an application that provides: (A) All information required under OAC 252:100-8-5(c), (d), or (e); (B) A landowner affidavit as required by OAC 252:2

- 15

- 20(b)(3) OAC 252:4-7-13(b) ; (C) The appropriate application fees as required by OAC 252:100-8-1.7; and (D) Certification by the responsible o fficial as required by OAC 252:100-8-5(f).
"Affected source" means the same as the meaning given to it in the regulations promulgated under Title IV (acid rain) of the Act.
"Affected states" means: (A) all states: (i) That are one of the following con tiguous states: Arkansas, Colorado, Kansas, Missouri, New Mexico and Texas, and (ii) That in the judgment of the DEQ may be directly affected by emissions from the facility seeking the permit, permit modification, or permit renewal being proposed; or (B) all states that are within 50 miles of the permitted source.
"Affected unit" means the same as the meaning given to it in the regulations promulgated under Title IV (acid rain) of the Act. "Applicable requirement" means all of the following as they apply to emissions units in a Part 70 source subject to this Chapter (includi ng requirements that have been promulgated or approved by EPA through rulemaking at the time of issuance but have future effective compliance dates): (A) Any standard or other requirements provided for in the applicable implementation plan approved or promulgated by EPA through rulemaking under Title I of the Act that implements the relevant requirements of the Act, including any revisions to that plan promulgated in 40 CFR Part 52; (B) Any term or condition of any preconstruc tion permits issued pursuant to regulations approved or promulgated through rulemaking under Title I, including parts C or D, of the Act; (C) Any standard or other requirement unde r section 111 of the Act, including section 111(d); (D) Any standard or other requirement under section 112 of the Act, including any requirement concerning accident prevention under section 112(r)(7) of the Act, but not including the contents of any risk management plan required under 112(r) of the Act; (E) Any standard or other requirement of the acid rain program under Title IV of the Act or the regulations promulgated thereunder; (F) Any requirements established pursuant to section 504(b) or section 114(a)(3) of the

### 2 Act; (G) Any standard or other requirement gove rning solid waste incineration, under section 129 of the Act; (H) Any standard or other requirement for consumer and commercial products, under section 183(e) of the Act; (I) Any standard or other requirement for tank vessels, under section 183(f) of the Act; (J) Any standard or other requirement of the regulations promulgated to protect stratospheric ozone under Title VI of the Act, unless the Administrator has determined that such requirements need not be contained in a Title V permit; and (K) Any national ambient air quality standard or increment or visibility requirement under part C of Title I of the Act, but onl y as it would apply to temporary sources permitted pursuant to section 504(e) of the Act. "Begin actual construction" means for purposes of this Part, that the owner or operator has begun the construction or installation of the emitti ng equipment on a pad or in the final location at the facility. "Designated representative" means with respect to affected units, a responsible person or official authorized by the owner or operator of a unit to represent the owner or operator in matters pertaining to the holding, transfer, or dis position of allowances allocated to a unit, and the submission of and compliance with permits, permit applications, and compliance plans for
the unit. "Draft permit" means the version of a permit for whic h the DEQ offers public participation under 27A O.S.§§ 2-14-101 through 2-14-401 and OAC 252:4-7 or affected State review under
OAC 252:100-8-8. "Emergency" means, when used in OAC 252:100-8-6( a)(3)(C)(iii)(I) and (e), any situation arising from sudden and reasonably unforeseeable events beyond the control of the source, including acts of God, which situation requires immediate corrective action to restore normal operation, and that causes the source to exceed a technology-based emission limitation under the permit, due to unavoidable increases in emissions attributable to the emergency. An emergency shall not include noncompliance to the extent cau sed by improperly designed equipment, lack of preventive maintenance, careless or improper operation, or operator error. "Emissions allowable under the permit" means a federally enforceable permit term or condition determined at issuance to be required by an applicable requirement that establishes an emissions limit (including a work practice standard) or a federally enforceable emissions cap that the source has assumed to avoid an applicable requirement to which the source would otherwise be subject.
"Emissions unit" means any part or activity of a sta tionary source that emits or has the potential to emit any regulated air pollutant or any pollutant listed under section 112(b) of the Act. Fugitive emissions from valves, flanges, etc. associated with a specific unit process shall be identified with that specific emission unit. This term is not meant to alter or affect the definition of the term "unit" for purposes of Title IV of the Act. "Final permit" means the version of a part 70 permit issued by the DEQ that has completed all review procedures required by OAC 252:100-8-7 through 252:100-8-7.5 and OAC
252:100-8-8. "Fugitive emissions" means those emissions of regulat ed air pollutants which could not reasonably pass through a stack, chimney, vent, or other functionally-equivalent opening. "General permit" means a part 70 permit that meets the requirements of OAC
252:100-8-6.1.

### 3 "Insignificant activities" means individual emissions units that are either on the list approved by the Administrator and contained in Appendix I, or whose actual calendar year emissions do not exceed any of the limits in (A) a nd (B) of this definiti on. Any activity to which a State or federal applicable requirement applies is not insignificant even if it meets the criteria below or is included on the insignificant activities list. (A) 5 tons per year (TPY) of any one criteria pollutant. (B) 2 tons per year for any one hazardous air pollutant (HAP) or 5 tons per year for an aggregate of two or more HAPs, or 20 percent of any threshold less than 10 tons per year for single HAP that the EPA may establish by rule.
"MACT" means maximum achievable control technology. "Major source" means any stationary source (or any group of stationary sources that are located on one or more contiguous or adjacent properties and are under common control of the same person (or persons under common control)) belonging to a single major industrial grouping and that is described in subparagraph (A), (B), or (C) of this defin ition. For the purposes of defining "major source," a stationary source or gr oup of stationary sources shall be considered part of a single industrial grouping if all of the pollutant emitting activities at such source or group of sources on contiguous or adjacent properties belong to the same Major Group (i.e., all have the same two-digit primary SIC code) as de scribed in the Standard Industrial Classification Manual, 1987. (A) A major source under section 112 of the Act, which is defined as: (i) For pollutants other than radionuclid es, any stationary source or group of stationary sources located within a contiguous area and under common control that emits or has the potential to emit, in the aggregate, 10 TPY or more of any hazardous air pollutant which has been listed pursuant to section 112(b) of the Act, 25 TPY or more of any combination of such hazardous air pollutants, or such lesser quantity as the Administrator may establish by rule. Notwithstanding the preceding sentence, emissions from any oil or gas explorati on or production well (with its associated equipment) and emissions from any pipelin e compressor or pump station shall not be aggregated with emissions from other simila r units, whether or not such units are in a contiguous area or under common control, to determine whether such units or stations are major sources; or. (ii) For radionuclides, "major source" shall have the meaning specified by the Administrator by rule. (B) A major stationary source of air pollutants, as defined in section 302 of the Act, that directly emits or has the potential to emit, 100 TPY or more of any regulated air pollutant (except gross particulate matter) subject to regulation (including any major source of fugitive emissions of any such pollutant, as determined by rule by the Administrator). The fugitive emissions of a stationary source shall not be considered in determining whether it is a major stationary source for the purposes of section 302(j) of the Act, unless the source belongs to one of the following categories of stationary sources: (i) Coal cleaning plants (with thermal dryers); (ii) Kraft pulp mills; (iii) Portland cement plants; (iv) Primary zinc smelters; (v) Iron and steel mills; (vi) Primary aluminum ore reduction plants; (vii) Primary copper smelters;

### 4 (viii) Municipal incinerators capable of charging more than 250 tons of refuse per day; (ix) Hydrofluoric, sulfuric, or nitric acid plants; (x) Petroleum refineries; (xi) Lime plants; (xii) Phosphate rock processing plants; (xiii) Coke oven batteries; (xiv) Sulfur recovery plants; (xv) Carbon black plants (furnace process); (xvi) Primary lead smelters; (xvii) Fuel conversion plants; (xviii) Sintering plants; (xix) Secondary metal production plants; (xx) Chemical process plants (not including ethanol production facilities that produce ethanol by natural fermentati on included in NAICS codes 325193 or 312140); (xxi) Fossil-fuel boilers (or combinati on thereof) totaling more than 250 million British thermal units per hour heat input; (xxii) Petroleum storage and transfer units with a total storage capacity exceeding 300,000 barrels; (xxiii) Taconite ore processing plants; (xxiv) Glass fiber processing plants; (xxv) Charcoal production plants; (xxvi) Fossil-fuel-fired steam electric plants of more than 250 million British thermal units per hour heat input; or (xxvii) All other stationary source categories which, as of August 7, 1980, are being regulated by a standard promulgated under section 111 or 112 of the Act. (C) A major stationary source as defined in part D of Title I of the Act, including: (i) For ozone non-attainment areas, sources with the potential to emit 100 TPY or more of volatile organic compounds or oxide s of nitrogen in areas classified as "marginal" or "moderate," 50 TPY or more in areas classified as "serious," 25 TPY or more in areas classified as "severe," a nd 10 TPY or more in areas classified as "extreme"; except that the references in this paragraph to 100, 50, 25, and 10 TPY of nitrogen oxides shall not apply with re spect to any source for which the Administrator has made a finding, under sec tion 182(f)(1) or (2) of the Act, that requirements under section 182(f) of the Act do not apply; (ii) For ozone transport regions estab lished pursuant to section 184 of the Act, sources with the potential to emit 50 TPY or more of volatile organic compounds; (iii) For carbon monoxide non-attainment areas: (I) that are classified as "serious"; and (II) in which stationary sources contribute significantly to carbon monoxide
levels as determined under rules issued by the Administrator, sources with the potential to emit 50 TPY or more of carbon monoxide; and (iv) For particulate matter (PM

- 10) (PM 10 

### ) non-attainment areas classified as "serious," sources with the potential to emit 70 TPY or more of PM

- 10 PM 10



### . "Maximum capacity" means the quantity of air contamin ants that theoretically could be emitted by a stationary source without control de vices based on the design capacity or maximum

### 5 production capacity of the source and 8,760 hours of operation per year. In determining the
maximum theoretical emissions of VOCs for a source, the design capacity or maximum production capacity shall include the use of raw ma terials, coatings and inks with the highest VOC content used in practice by the source.
"Permit" means (unless the context suggests othe rwise) any permit or group of permits covering a Part 70 source that is issued, renewed, amended, or revised pursuant to this Chapter.
"Permit modification" means a revision to a Part 70 c onstruction or operating permit that meets the requirements of OAC 252:100-8-7.2(b). "Permit program costs" means all reasonable (direct and indirect) costs required to develop and administer a permit program, as set fort h in OAC 252:100-5-2.2 (whether such costs are incurred by the DEQ or other State or local agenci es that do not issue permits directly, but that support permit issuance or administration).
"Permit revision" means any permit modification or administrative permit amendment.
"Potential to emit" means the maximum capacity of a stationary source to emit any air pollutant under its physical and operational de sign. Any physical or operational limitation on the capacity of a source to emit an air polluta nt, including air pollution control equipment and restrictions on hours of operation or on the type or amount of material combusted, stored, or processed, shall be treated as part of its design if the limitation is enforceable by the
Administrator. This term does not alter or aff ect the use of this term for any other purposes under the Act, or the term "capacity factor" as us ed in Title IV of the Act or the regulations promulgated thereunder. "Proposed permit" means the version of a permit that the DEQ proposes to issue and forwards to the Administrator for review in compliance with OAC 252:100-8-8. "Regulated air pollutant" means the following: (A) Nitrogen oxides or any volatile organic compound (VOC), including those
substances defined in OAC 252:100-1- 3, 252:100-37-2, and 252:100-39-2, except those specifically excluded in the EPA definition of VOC in 40 CFR 51.100(s); (B) Any pollutant for which a national ambient air quality standard has been promulgated; (C) Any pollutant that is subject to any standard promulgated under section 111 of the Act; (D) Any Class I or II ozone-depleting subs tance subject to a standard promulgated under or established by Title VI of the Act; (E) Any pollutant subject to a standard promulgated under section 112 or other requirements established under section 112 of the Act (Hazardous Air Pollutants), including sections 112(g) (Modifications), (j ) (Equivalent Emission Limitation by Permit, and (r) (Prevention of Accidental Releases), including the following: (i) any pollutant subject to the requireme nts under section 112(j) of the Act. If the Administrator fails to promulgate a sta ndard by the date established pursuant to section 112(e) of the Act (Schedule for St andards and Review), any pollutant for which a subject source would be major shall be considered to be regulated as to that source on the date 18 months after the appli cable date established pursuant to section 112(e) of the Act; and, (ii) any pollutant for which the requirements of section 112(g)(2) of the Act have been met, but only with respect to the individual source subject to the section 112(g)(2) requirement; or (F) Any other substance for which an air emission limitation or equipment standard is

### 6 set by an existing permit or regulation.
"Renewal" means the process by which a permit is reissued at the end of its term. "Section 502(b)(10) changes" means changes that contravene an express permit term. Such changes do not include changes that would violate applicable requirements or contravene federally enforceable permit terms and conditions that are monitoring (including test methods), recordkeeping, reporting, or compliance certification requirements.
"Small unit" means a fossil fuel fired combustion device which serves a generator with a name plate capacity of 25 MWe or less. "State-only requirement" means any standard or requirement pursuant to Oklahoma Clean Air Act (27A O.S.§§ 2-5-101 through 2-5-118, as ame nded) that is not contained in the State Implementation Plan (SIP). "State program" means a program approved by the Administrator under 40 CFR Part 70. "Stationary source" means any building, structure, facilit y, or installation that emits or may emit any regulated air pollutant or any pollutant listed under section 112(b) of the Act as it existed on January 2, 2006. "Subject to regulation" means, for any air pollutant, that the pollutant is subject to either a provision in the federal Clean Air Act, or a na tionally-applicable regulation codified by the EPA Administrator in subchapter C of Chapter I of 40 CFR, that requires actual control of the quantity of emissions of that pollutant, and that such a control requirement has taken effect and is operative to control, limit, or restrict the quan tity of emissions of that pollutant released from the regulated activity. Except that: (A) Greenhouse gases (GHG) shall not be subj ect to regulation unless, as of July 1, 2011, the GHG emissions are at a stationary source emitting or having the potential to emit 100,000 TPY CO 2 

### equivalent emissions (CO 2 

### e) and are otherwise subject to regulation as previously described in this definition. (B) The term TPY CO 2 

### equivalent emissions (CO 2 

### e) shall represent an amount of GHG emitted, and shall be computed by multiplying the mass amount of emissions (TPY), for each of the six greenhouse gases in the pollu tant GHG, by the gas' associated global warming potential (GWP) published in Table A-1 to subpart A of 40 CFR Part 98 – Global Warming Potentials, and summing the re sultant value for each to compute a TPY
CO 2 

### e. (C) If federal legislation or a federal court st ays, invalidates, delays the effective date, or otherwise renders unenforceable by the EPA, in whole or in part, the EPA's tailoring rule (75 FR 31514, June 3, 2010), endangermen t finding (74 FR 66496, December 15, 2009), or light-duty vehicle greenhouse gas emissi on standard (75 FR 25686, May 7, 2010), this definition shall be enforceable only to the extent that it is enforceable by the EPA.
"Trivial activities" means any individual or combination of air emissions units that are considered inconsequential and are on a list a pproved by the Administrator and contained in Appendix J.
"Unit" means, for purposes of Title IV, a fossil fuel-fired combustion device.

PART 7. PREVENTION OF SIGNIFICANT DETERIORATION (PSD) REQUIREMENTS FOR ATTAINMENT AREAS

252:100-8-31. Definitions The following words and terms when used in this Part shall have the following meaning,

### 7 unless the context clearly indicates otherwise. All terms used in this Part that are not defined in this Section shall have the meaning given to them in OAC 252:100-1- 3, 252:100-8-1.1, or in the
Oklahoma Clean Air Act.
"Actual emissions" means the actual rate of emissions of a regulated NSR pollutant from an emissions unit, as determined in accordance with paragraphs (A) through (C) of this definition, except that this definition shall not apply for calculating whether a significant emissions increase has occurred, or for establishing a PAL under OAC 252:100-8-38. Instead, the definitions of "projected actual emissions" and "baseline actual emissions" shall apply for those purposes. (A) In general, actual emissions as of a par ticular date shall equal the average rate in TPY at which the unit actually emitted the pollutant during a consecutive 24-month period which precedes the particular date a nd which is representative of normal source operation. The Director shall allow the use of a different time period upon a determination that it is more representative of normal source operation. Actual emissions shall be calculated using the unit' s actual operating hours, production rates, and types of materials processed, stored, or combusted during the selected time period. (B) The Director may presume that source- specific allowable emissions for the unit are equivalent to the actual emissions of the unit. (C) For any emissions unit that has not begun normal operations on the particular date, actual emissions shall equal the potential to emit of the unit on that date.
"Allowable emissions" means the emission rate of a stationary source calculated using the maximum rated capacity of the source (unless the source is subject to enforceable limits which restrict the operating rate, or hours of operation, or both) and the most stringent of the following: (A) the applicable standards as set forth in 40 CFR Parts 60 and 61; (B) the applicable State rule allowable emissions; or, (C) the emissions rate specified as an enforceable permit condition.
"Baseline actual emissions" means the rate of emissions, in TPY, of a regulated NSR pollutant, as determined in accordance with pa ragraphs (A) through (E) of this definition. (A) The baseline actual emissions shall be based on current emissions data and the unit's utilization during the period chosen. Current emission data means the most current and
accurate emission factors available and could include emissions used in the source's latest permit or permit application, the most recent CEM data, stack test data, manufacturer's data, mass balance, engineering calculations, and other emission factors. (B) For any existing electric utility steam generating unit (EUSGU), baseline actual emissions means the average rate, in TPY, at which the unit actually emitted the pollutant during any consecutive 24-month period select ed by the owner or operator within the 5-year period immediately preceding the date that a complete permit application is received by the Director for a permit requi red under OAC 252:100-8. The Director shall allow the use of a different time period upon a determination that it is more representative of normal source operation. (i) The average rate shall include fugitiv e emissions to the extent quantifiable, and emissions associated with start-ups, shutdowns, and malfunctions. (ii) The average rate shall be adjust ed downward to exclude any noncompliant emissions that occurred while the source was operating above an emission limitation that was legally enforceable during the consecutive 24-month period. (iii) For a regulated NSR pollutant, when a project involves multiple emissions units, only one consecutive 24-month period shall be used to determine the baseline actual
emissions for all the emissions units affect ed by the project. A different consecutive

### 8 24-month period can be used for each regulated NSR pollutant. (iv) The average rate shall not be based on any consecutive 24-month period for which there is inadequate information for determining annual emissions, in TPY, and for adjusting this amount if required by (B)(ii) of this definition. (C) For an existing emissions unit (other than an EUSGU), baseline actual emissions means the average rate in TPY, at which th e emissions unit actually emitted the pollutant during any consecutive 24-month period select ed by the owner or operator within the 10-year period immediately preceding either the date the owner or operator begins actual construction of the project, or the date a complete permit application is received by the Director for a permit required either under this Part or under a plan approved by the Administrator, whichever is earlier, except th at the 10 year period shall not include any period earlier than November 15, 1990. (i) The average rate shall include fugitiv e emissions to the extent quantifiable, and emissions associated with startups, shutdowns, and malfunctions. (ii) The average rate shall be adjust ed downward to exclude any noncompliant emissions that occurred while the source was operating above an emission limitation that was legally enforceable during the consecutive 24-month period. (iii) The average rate shall be adjusted downward to exclude any emissions that
would have exceeded an emission limitation w ith which the major stationary source must currently comply, had such major stationary source been required to comply with such limitations during the consecu tive 24-month period. However, if an emission limitation is part of a MACT sta ndard that the Administrator proposed or promulgated under 40 CFR 63, the baseline actua l emissions need only be adjusted if DEQ has taken credit for such emissions reduction in an attainment demonstration or maintenance plan consistent with requirements of 40 CFR 51.165(a)(3)(ii)(G). (iv) For a regulated NSR pollutant, wh en a project involves multiple emissions units, only one consecutive 24-month period must be used to determine the baseline actual emissions for the emissions units being changed. A different consecutive 24-month period can be used for each regulated NSR pollutant. (v) The average rate shall not be based on any consecutive 24-month period for which there is inadequate information for determining annual emissions, in TPY, and for adjusting this amount if required by (C)(ii) and (iii) of this definition. (D) For a new emissions unit, the baseline actual emissions for purposes of determining the emissions increase that will result from the initial construction and operation of such unit shall equal zero; and thereafter, for all other purposes, shall equal the unit's potential
to emit. (E) For a PAL for a stationary source, the baseline actual emissions shall be calculated for existing EUSGU in accordance with the proce dures contained in paragraph (B) of this definition, for other existing emissions units in accordance with the procedures contained in Paragraph (C) of this definition, and for a new emissions unit in accordance with the procedures contained in paragraph (D) of this definition.
"Baseline area" means any intrastate areas (and every pa rt thereof) designated as attainment
or unclassifiable under section 107(d)(1)(D) or (E) 107(d)(1)(A)(ii) or (iii) of the Act in which the major source or major modification estab lishing the minor source baseline date would construct or would have an air quality impact fo r the pollutant for which the baseline date is established, as follows: equal Equal to or greater than 1 μg/m 3 

### (annual average) of the pollutant
for which the minor source baseline date is established. for SO 2 

### , NO 2 

### , or PM 10 

### ; or equal or

### 9 greater than 0.3 μg/m 3 

### (annual average) for PM 2.5



### . (A) Area redesignations under section 107(d)(1)(D) or (E) 107(d)(1)(A)(ii) or (iii) of the
Act cannot intersect or be smaller than the ar ea of impact of any major stationary source or major modification which: (i) establishes a minor source baseline date; or (ii) is subject to 40 CFR 52.21 or OAC 252:100-8, Part 7, and would be constructed in the same State as the State proposing the redesignation. (B) Any baseline area established originally for the TSP increments shall remain in effect and shall apply for purposes of determining the amount of available PM

- 10 PM 10 

### increments, except that such baseline area sha ll not remain in effect if the Director rescinds the corresponding minor source baselin e date in accordance with paragraph (D)
of the definition of "baseline date".
"Baseline concentration" means that ambient concentration level that exists in the baseline area at the time of the applicable minor source baseline date. (A) A baseline concentration is determined for each pollutant for which a minor source
baseline date is established and shall include: (i) the actual emissions representative of sources in existence on the applicable minor source baseline date, except as provided in (B) of this definition. (ii) the allowable emissions of major stationary sources that commenced construction before the major source baselin e date, but were not in operation by the applicable minor source baseline date. (B) The following will not be included in th e baseline concentration and will affect the applicable maximum allowable increase(s): (i) actual emissions from any major stationary source on which construction commenced after the major source baseline date; and, (ii) actual emissions increases and decr eases at any stationary source occurring
after the minor source baseline date.
"Baseline date" means: (A) Major source baseline date means: (i) in the case of particulate matter PM 10 

### and sulfur dioxide, January 6, 1975, and ; (ii) in the case of nitrogen dioxide, February 8, 1988. ; and (iii) in the case of PM 2.5 

### , October 20, 2010. (B) Minor source baseline date means the earlie st date after the trigger date on which a major stationary source or major modi fication (subject to 40 CFR 52.21 or OAC 252:100-8, Part 7) submits a complete application. The trigger date is: (i) in the case of particulate matter PM 10 

### and sulfur dioxide, August 7, 1977, and ; (ii) in the case of nitrogen dioxide, February 8, 1988. ; and (iii) in the case of PM 2.5 

### , October 20, 2011. (C) The baseline date is established for each pollutant for which increments or other equivalent measures have been established if: (i) the area in which the proposed s ource or modification would construct is designated as attainment or unclassifiable under section 107(d)(i)(D) or (E) 107(d)(1)(A)(ii) or (iii) of the Act for the pollutant on the date of its complete application under 40 CFR 52.21 or under OAC 252:100-8, Part 7; and (ii) in the case of a major stationary source, the pollutant would be emitted in significant amounts, or, in the case of a major modification, there would be a significant net emissions increase of the pollutant.

### 10 (D) Any minor source baseline date establishe d originally for the TSP increments shall remain in effect and shall apply for purpos es of determining the amount of available

PM

- 10 PM 10 

### increments, except that the Director may rescind any such minor source baseline date where it can be shown, to the satis faction of the Director, that the emissions increase from the major stationary source, or the net emissions increase from the major modification, responsible for triggering that da te did not result in a significant amount of

PM

- 10 PM 10 

### emissions. "Begin actual construction" means in general, initiation of physical on-site construction activities on an emissions unit which are of a permanent nature. (A) Such activities include, but are not limite d to, installation of building supports and foundations, laying of underground pipework, and construction of permanent storage

structures. (B) With respect to a change in method of operation this term refers to those on-site activities, other than preparatory activities, which mark the initiation of the change. "Best available control technology" or "BACT" means an emissions limitation (including a visible emissions standard) based on the maxi mum degree of reduction for each regulated NSR pollutant which would be emitted from any proposed major stationary source or major modification which the Director, on a case- by-case basis, taking into account energy, environmental, and economic impacts and other cost s, determines is achievable for such source or modification through application of production processes or available methods, systems, and techniques, including fuel cleaning or treatment or innovative fuel combination techniques for control of such pollutant. In no event shall a pplication of BACT result in emissions of any pollutant which would exceed the emissions a llowed by any applicable standard under 40 CFR parts 60 and 61. If the Director determines that technological or economic limitations on the application of measurement methodology to a particular emissions unit would make the imposition of an emissions standard infeasible, a design, equipment, work practice, operational standard or combination thereof, may be prescr ibed instead to satisfy the requirement for the application of BACT. Such standard shall, to the degree possible, set forth the emissions reduction achievable by implementation of such design, equipment, work practice or operation, and shall provide for compliance by means which achieve equivalent results. "Clean coal technology" means any technology, including technologies applied at the precombustion, combustion, or post combustion stag e, at a new or existing facility which will achieve significant reductions in air emissions of sulfur dioxide or oxides of nitrogen associated with the utilization of coal in the generation of electricity, or process steam which was not in widespread use as of November 15, 1990. "Clean coal technology demonstration project" means a project using funds appropriated under the heading "Department of Energy-Clean Coal Technology", up to a total amount of $2,500,000,000 for commercial demonstration of clean coal technology, or similar projects funded through appropriations for the EPA. Th e Federal contribution for a qualifying project shall be at least 20% of the total cost of the demonstration project.
"Commence" means, as applied to construction of a major stationary source or major modification, that the owner or operator has all necessary preconstruction approvals or permits
and either has: (A) begun, or caused to begin, a continuous program of actual on-site construction of the source, to be completed within a reasonable time; or, (B) entered into binding agreements or contractual obligations, which cannot be
cancelled or modified without substantial lo ss to the owner or operator, to undertake a

### 11 program of actual construction of the source to be completed within a reasonable time.
"Construction" means any physical change or change in the method of operation (including fabrication, erection, installation, demolition, or m odification of an emissions unit) that would result in a change in emissions. "Continuous emissions monitoring system" or "CEMS" means all of the equipment that may be required to meet the data acquisition and availability requirements to sample, condition (if applicable), analyze, and provide a record of emissions on a continuous basis. "Continuous emissions rate monitoring system" or "CERMS" means the total equipment required for the determination and recording of the pollutant mass emissions rate (in terms of mass per unit of time). "Continuous parameter monitoring system" or "CPMS" means all of the equipment necessary to meet the data acquisition and availability requirements to monitor process and control device operational parameters (for example, control device secondary voltages and electric currents) and other information (for example, gas flow rate, O 2 

### , or CO 2 

### concentrations), and to record average operational parameter value(s) on a continuous basis. "Electric utility steam generating unit" or"EUSGU" means any steam electric generating unit that is constructed for the purpose of supplyi ng more than one-third of its potential electric output capacity and more than 25 MW electrical output to any utility power distribution system for sale. Any steam supplied to a steam distri bution system for the purpose of providing steam to a steam-electric generator that would produce elec trical energy for sale is also considered in determining the electrical energy output capacity of the affected facility.
"Emissions unit" means any part of a stationary s ource that emits or would have the potential to emit any regulated NSR pollutant and includes an EUSGU. There are two types of emissions units as described in paragraphs (A) and (B) of this definition. (A) A new emissions unit is any emissions unit that is (or will be) newly constructed and that has existed for less than 2 years from the date such emissions unit first operated. (B) An existing emissions unit is any emissi ons unit that does not meet the requirements in paragraph (A) of this definition. A replacement unit is an existing emissions unit. "Federal Land Manager" means with respect to any lands in the United States, the Secretary of the department with authority over such lands. "High terrain" means any area having an elevation 900 f eet or more above the base of the
stack of a source. "Innovative control technology" means any system of air pollution control that has not been adequately demonstrated in practice, but would have a substantial likelihood of achieving greater continuous emissions reduction than any control system in current practice or of achieving at least comparable reductions at lowe r cost in terms of energy, economics, or non-air quality environmental impacts.
"Low terrain" means any area other than high terrain. "Major modification" means: (A) Any physical change in or change in the method of operation of a major stationary source that would result in a significant emi ssions increase of a regulated NSR pollutant and a significant net emissions increase of that pollutant from the major stationary source is a major modification. (i) Any significant emissions increase fr om any emissions units or net emissions increase at a major stationary source that is significant for VOC or NO X 

### shall be considered significant for ozone. (ii) A physical change or change in the method of operation shall not include:

### 12 (I) routine maintenance, repair and replacement; (II) use of an alternative fuel or ra w material by reason of any order under sections 2(a) and (b) of the Energy S upply and Environmental Coordination Act of 1974 (or any superseding legislation) or by reason of a natural gas curtailment plan pursuant to the Federal Power Act; (III) use of an alternative fuel by reason of an order or rule under section 125 of the Act; (IV) use of an alternative fuel at a steam generating unit to the extent that the fuel is generated from municipal solid waste; (V) use of an alternative fuel or raw material by a stationary source which the source was capable of accommodating be fore January 6, 1975, (unless such change would be prohibited under any enforceable permit condition which was established after January 6, 1975) or the source is approved to use under any permit issued under 40 CFR 52.21 or OAC 252:100-7 or 252:100-8; (VI) an increase in the hours of operation or in the production rate, unless such change would be prohibited under any federally enforceable permit condition which was established after January 6, 1975; (VII) any change in source ownership; (VIII) the installation, operation, cessation, or removal of a temporary clean coal technology demonstration project, provi ded the project complies with OAC 252:100 and other requirements necessary to attain and maintain the NAAQS during the project and after it is terminated; (IX) the installation or operation of a permanent clean coal technology demonstration project that constitutes re powering, provided that the project does not result in an increase in the potential to emit of any regulated pollutant (on a pollutant-by-pollutant basis) emitted by the unit; or (X) the reactivation of a very clean coal-fired EUSGU. (B) This definition shall not apply with resp ect to a particular regulated NSR pollutant when the major stationary source is co mplying with the requirements under OAC 252:100-8-38 for a PAL for that pollutant. Instead, the definition of "PAL major modification" at 40 CFR 51.166(w)(2)(viii) shall apply. "Major stationary source" means (A) A major stationary source is: (i) any of the following stationary sources of air pollutants which emits, or has the potential to emit, 100 TPY or more of a regulated NSR pollutant: (I) carbon black plants (furnace process), (II) charcoal production plants, (III) chemical process plants, (not in cluding ethanol production facilities that produce ethanol by natural fermentati on included in NAICS codes 325193 or 312140), (IV) coal cleaning plants (with thermal dryers), (V) coke oven batteries, (VI) fossil-fuel boilers (or combinati on thereof) totaling more than 250 million BTU per hour heat input, (VII) fossil fuel-fired steam electric plants of more than 250 million BTU per hour heat input, (VIII) fuel conversion plants,

### 13 (IX) glass fiber processing plants, (X) hydrofluoric, sulfuric or nitric acid plants, (XI) iron and steel mill plants, (XII) kraft pulp mills, (XIII) lime plants, (XIV) municipal incinerators capable of charging more than 50 250 tons of refuse per day, (XV) petroleum refineries, (XVI) petroleum storage and transfer units with a total storage capacity exceeding 300,000 barrels, (XVII) phosphate rock processing plants, (XVIII) portland cement plants, (XIX) primary aluminum ore reduction plants, (XX) primary copper smelters, (XXI) primary lead smelters, (XXII) primary zinc smelters, (XXIII) secondary metal production plants, (XXIV) sintering plants, (XXV) sulfur recovery plants, or (XXVI) taconite ore processing plants; (ii) any other stationary source not on the list in (A)(i) of this definition which emits, or has the potential to emit, 250 TPY or more of a regulated NSR pollutant; (iii) any physical change that would occu r at a stationary source not otherwise qualifying as a major stationary source unde r this definition if the change would constitute a major stationary source by itself. (B) A major source that is major for VOC or NO X 

### shall be considered major for ozone. (C) The fugitive emissions of a stationary source shall not be included in determining for any of the purposes of this Part whethe r it is a major stationary source, unless the source belongs to one of the following categories of stationary sources: (i) the stationary sources listed in (A)(i) of this definition; (ii) any other stationary source cate gory which, as of August 7, 1980, is being regulated under section 111 or 112 of the Act. "Necessary preconstruction approvals or permits" means those permits or approvals required under all applicable air quality control laws and rules.
"Net emissions increase" means: (A) with respect to any regulated NSR po llutant emitted by a major stationary source, the amount by which the sum of the following exceeds zero: (i) the increase in emissions from a par ticular physical change or change in the method of operation at a stationary source as calculated pursuant to OAC 252:100-8-30(b); and, (ii) any other increases and decreases in actual emissions at the major stationary source that are contemporaneous with the particular change and are otherwise
creditable. Baseline actual emissions fo r calculating increases and decreases under (A)(ii) of this definition shall be determined as provided in the definition of "baseline actual emissions", except that (B)(iii) and (C)(iv) of that definition shall not apply. (B) An increase or decrease in actual emi ssions is contemporaneous with the increase from the particular change only if it occurs within 3 years before the date that the

### 14 increase from the particular change occurs. (C) An increase or decrease in actual emissions is creditable only if: (i) it is contemporaneous; and (ii) the Director has not relied on it in issuing a permit for the source under OAC 252:100-8, Part 7, which permit is in effect when the increase in actual emissions from the particular change occurs. (D) An increase or decrease in actual emissions of sulfur dioxide, particulate matter, or nitrogen oxides that occurs before the appli cable minor source baseline date is creditable only if it is required to be considered in calculating the amount of maximum allowable increases remaining available. (E) An increase in actual emissions is credita ble only to the extent that the new level of
actual emissions exceeds the old level. (F) A decrease in actual emissions is credita ble only to the extent that it meets all the conditions in (F)(i) through (iii) of this definition. (i) It is creditable if the old level of actual emissions or the old level of allowable emissions, whichever is lower, exceeds the new level of actual emissions. (ii) It is creditable if it is enforceable as a practical matter at and after the time that actual construction on the particular change begins. (iii) It is creditable if it has approximately the same qualitative significance for public health and welfare as that attributed to the increase from the particular change. (G) An increase that results from a physi cal change at a source occurs when the
emissions unit on which construction occurred becomes operational and begins to emit a particular pollutant. Any replacement unit that requires shakedown becomes operational only after a reasonable shakedown period, not to exceed 180 days. (H) Paragraph (A) of the definition of "act ual emissions" shall not apply for determining
creditable increases and decreases.
"Potential to emit" means the maximum capacity of a st ationary source to emit a pollutant under its physical and operational design. Any phys ical or operational limitation on the capacity of the source to emit a pollutant, including air pollution control equipment and restrictions on hours of operation or on the type or amount of material combusted, stored or processed, shall be treated as part of its design if the limitation or the effect it would have on emissions is enforceable. Secondary emissions do not count in determining the potential to emit of a stationary source. "Predictive emissions monitoring system" or "PEMS" means all of the equipment necessary to monitor process and control device operational parameters (for example, control device secondary voltages and electric currents) a nd other information (for example, gas flow rate, O 2 

### , or CO 2 

### concentrations), and calculate and record the mass emissions rate (for example, lb/hr) on a continuous basis. "Prevention of Significant Deterioration (PSD) program" means a major source preconstruction permit program that has been a pproved by the Administrator and incorporated into the plan to implement the requirement s of 40 CFR 51.166, or the program in 40 CFR 52.21. Any permit issued under such a program is a major NSR permit. "Project" means a physical change in, or change in method of operation of, an existing major stationary source. "Projected actual emissions" means (A) Projected actual emissions means the ma ximum annual rate, in TPY, at which an existing emissions unit is projected to emit a regulated NSR pollutant in any one of the 5

### 15 years (12-month period) following the date the unit resumes regular operation after the project, or in any one of the 10 years fo llowing that date, if the project involves increasing the emissions unit's design capacity or its potential to emit that regulated NSR pollutant, and full utilization of the unit woul d result in a significant emissions increase, or a significant net emissions increase at the major stationary source. (B) In determining the projected actual emi ssions under paragraph (A) of this definition (before beginning actual construction), the ow ner or operator of the major stationary

source: (i) shall consider all relevant inform ation, including but not limited to, historical operational data, the company's own representations, the company's expected business activity and the company's highest projections of business activity, the company's filings with the State or Federal regulatory authorities, and compliance plans under the approved plan; and (ii) shall include fugitive emissions to the extent quantifiable and emissions associated with start-ups, shutdowns, and malfunctions; and (iii) shall exclude, in calculating any increase in emissions that results from the particular project, that portion of the unit' s emissions following the project that an existing unit could have accommodated during the consecutive 24-month period used
to establish the baseline actual emissions and that are also unrelated to the particular project, including any increased utilization due to product demand growth; or, (iv) in lieu of using the method set out in (B)(i) through (iii) of this definition, may elect to use the emissions unit's potential to emit, in TPY. "Reactivation of a very clean coal-fired electric utility steam generating unit" means any physical change or change in the method of operation associated with the commencement of commercial operations by a coal-fired utility unit after a period of discontinued operation where
the unit: (A) has not been in operation for the two-year period prior to the en actment of the Clean Air Act Amendments of 1990, and the emissions fr om such unit continue to be carried in the Department's emissions inventory at the time of enactment; (B) was equipped prior to shutdown with a c ontinuous system of emissions control that achieves a removal efficiency for sulfur dioxide of no less than 85% and a removal efficiency for particulates of no less than 98%; (C) is equipped with low-NO X 

### burners prior to the time of commencement of operations following reactivation; and (D) is otherwise in compliance with the requirements of the Act. "Regulated NSR pollutant" means (A) A regulated NSR pollutant is: (i) any pollutant for which a NAAQS ha s been promulgated and any pollutant identified under (A)(i) of this definition as a constituents or precursors for such pollutants identified by the Administrator (e.g., VOC and NO X 

### are precursors for ozone); constituent or precursor to such po llutant. Precursors identified by the Administrator for purposes of NSR are the following: (I) volatile organic compounds and nitr ogen oxides are precursors to ozone in
all attainment and unclassifiable areas. (II) sulfur dioxide is a precursor to PM 2.5 

### in all attainment and unclassifiable

areas. (III) nitrogen oxides are presumed to be precursors to PM 2.5 

### in all attainment and

### 16 unclassifiable areas, unless the State demonstrates to the EPA Administrator's
satisfaction or EPA demonstrates that em issions of nitrogen oxides from sources in a specific area are not a significant contributor to that area's ambient PM 2.5 

### concentrations. (IV) volatile organic compounds are pr esumed not to be precursors to PM 2.5 

### in any attainment or unclassifiable area, unl ess the State demonstrates to the EPA
Administrator's satisfaction or EPA demonstrates that emissions of volatile organic compounds from sources in a speci fic area are a significant contributor to
that area's ambient PM 2.5 

### concentrations. (ii) any pollutant that is subject to any standard promulgated under section 111 of the Act; (iii) any Class I or II substance subject to a standard promulgated under or established by title VI of the Act; or (iv) any pollutant that otherwise is " subject to regulation" under the Act. as defined in the definition of "subject to regulation" in OAC 252:100-8-31; (v) PM emissions, PM 2.5 

### emissions, and PM 10 

### emissions shall include gaseous emissions from a source or activity which condense to form particulate matter at ambient temperatures. Such condensable particulate matter shall be accounted for in applicability determinations and in establishing emissions limitations for PM, PM 2.5, 

### and PM 10 

### in PSD permits. (B) Regulated NSR pollutant does not include: (i) any or all HAP either listed in section 112 of the Act or added to the list pursuant to section 112(b)(2) of the Act, which have not been delisted pursuant to section 112(b)(3) of the Act, unless the listed HAP is also regulated as a constituent or precursor of a general pollutant listed under section 108 of the Act; or (ii) any pollutant that is regulated under section 112(r) of the Act, provided that such pollutant is not otherwise regulated under the Act. "Replacement unit" means an emissions unit for which all the criteria listed in paragraphs (A) through (D) of this definition are met. No creditable emission reduction shall be generated from shutting down the existing emissions unit that is replaced. (A) The emissions unit is a reconstruc ted unit within the meaning of 40 CFR 60.15(b)(1), or the emissions unit completely takes the place of an existing emissions
unit. (B) The emissions unit is identical to or functionally equivalent to the replaced
emissions unit. (C) The replacement unit does not alter the basic design parameter(s) of the process
unit. (D) The replaced emissions unit is perman ently removed from the major stationary source, otherwise permanently disabled, or permanently barred from operating by a permit that is enforceable as a practical matte r. If the replaced emissions unit is brought back into operation, it shall constitute a new emissions unit. "Repowering" means (A) Repowering shall mean the replacement of an existing coal-fired boiler with one of the following clean coal technologies: atmo spheric or pressurized fluidized bed combustion, integrated gasification combin ed cycle, magnetohydrodynamics, direct and indirect coal-fired turbines, integrated gasi fication fuel cells, or as determined by the Administrator, in consultation with the Secr etary of Energy, a derivative of one or more

### 17 of these technologies, and any other t echnology capable of controlling multiple combustion emissions simultaneously with im proved boiler or generation efficiency and with significantly greater waste reduction relative to the performance of technology in widespread commercial use as of November 15, 1990. (B) Repowering shall also include any oil a nd/or gas-fired unit which has been awarded clean coal technology demonstration funding as of January 1, 1991, by the Department of Energy. (C) The Director shall give expedited c onsideration to permit applications for any source that satisfies the requirements of this definition and is granted an extension under
section 409 of the Act. "Significant" means: (A) In reference to a net emissions increase or the potential of a source to emit any of the following pollutants, significant means a rate of emissions that would equal or exceed any of the following significant emission rates: (i) carbon monoxide: 100TPY, (ii) nitrogen oxides: 40 TPY, (iii) sulfur dioxide: 40 TPY, (iv) particulate matter: 25 TPY of par ticulate matter emissions or 15 TPY of PM

- 10
PM 10 

### emissions, (v) PM 2.5 

### : 10 TPY of direct PM 2.5 

### emissions; 40 TPY of sulfur dioxide emissions; or 40 TPY of nitrogen oxide emissions unl ess demonstrated not to be a PM 2.5 

### precursor under the definition of "regulated NSR pollutant", (v) (vi) ozone: 40 TPY of VOC or NO X 

### , (vi) (vii) lead: 0.6 TPY, (vii) (viii) fluorides: 3 TPY, (viii) (ix) sulfuric acid mist: 7 TPY, (ix) (x) hydrogen sulfide (H 2 

### S): 10 TPY, (x) (xi) total reduced sulfur (including H 2 

### S): 10 TPY, (xi) (xii) reduced sulfur compounds (including H 2 

### S): 10 TPY, (xii) (xiii) municipal waste combustor organics (measured as total tetra-through octa-chlorinated dibenzo-p-dioxins and dibenzofurans): 3.5 x 10 -6 

### TPY, (xiii) (xiv) municipal waste combustor metals (measured as particulate matter): 15 TPY, (xiv) (xv) municipal waste combustor acid gases (measured as sulfur dioxide and hydrogen chloride): 40 TPY, (xv) (xvi) municipal solid waste landfill emissions (measured as nonmethane organic compounds): 50 TPY. (B) Notwithstanding (A) of this definition, "significant" means any Any emissions rate or any net emissions increase associated with a major stationary source or major
modification which would construct within 6 m iles of a Class I area, and have an impact on such area equal to or greater than 1 μg/m 3 

### (24-hour average). "Significant emissions increase" means, for a regulated NSR pollutant, an increase in emissions that is significant for that pollutant. "Significant net emissions increase" means a significant emissions increase and a net
increase. "Stationary source" means any building, structure, fac ility or installation which emits or may emit a regulated NSR pollutant.

### 18 "Subject to regulation" means, for any air pollutant, that the pollutant is subject to either a provision in the federal Clean Air Act, or a na tionally-applicable regulation codified by the EPA Administrator in subchapter C of Chapter I of 40 CFR, that requires actual control of the quantity of emissions of that pollutant, and that such a control requirement has taken effect and is operative to control, limit, or restrict the quan tity of emissions of that pollutant released from the regulated activity. Except that: (A) Greenhouse gases (GHG) shall not be s ubject to regulation except as provided in (D) through (E) of this definition. (B) For purposes of (C) through (E) of this definition, the term TPY CO 2 

### equivalent emissions (CO 2 

### e) shall represent an amount of GHG emitted, and shall be computed as
follows: (i) Multiplying the mass amount of emi ssions (in TPY), for each of the six greenhouse gases in the pollutant GHG, by the gas' associated global warming potential (GWP) published in Table A-1 to subpart A of 40 CFR Part 98 – Global Warming Potentials. (ii) Summing the resultant value from (B )(i) of this definition for each gas to compute a TPY CO 2 

### e. (C) The term emissions increase as used in (D) through (E) of this definition shall mean that both a significant emissions increase (a s calculated using the procedures in OAC 252:100-8-30(b)(1) through (5)) and a significant net emissions increase (as defined in
the definitions of "net emissions increase" and "significant" in 252:100-8-31) occur. For the pollutant GHG, an emissions increase shall be based on TPY CO 2 

### e, and shall be calculated assuming the pollutant GHG is a regul ated NSR pollutant, and "significant" is defined as 75,000 TPY CO 2 

### e and the emissions are otherwise subject to regulation as previously described in this definition. (D) Beginning January 2, 2011, the pollutant GHG is subject to regulation if it meets the other requirements of this definition and if: (i) The stationary source is a new ma jor stationary source for a regulated NSR pollutant that is not GHG, and also will emit or will have the potential to emit 75,000
TPY CO 2 

### e or more; or (ii) The stationary source is an existing major stationary source for a regulated NSR pollutant that is not GHG, and also will ha ve an emissions increase of a regulated NSR pollutant, and an emissions increase of 75,000 TPY CO 2 

### e or more. (E) Beginning July 1, 2011, in addition to the provisions in (D) of this definition, the pollutant GHG shall also be subject to regulation: (i) At a new stationary source that will emit or have the potential to emit 100,000
TPY CO 2 

### e; or (ii) At an existing stationary source that emits or has the potential to emit 100,000
TPY CO 2 

### e, when such stationary source undertak es a physical change or change in the method of operation that will result in an emissions increase of 75,000 TPY CO 2 

### e

or more. (F) If federal legislation or a federal court stays, invalidates, d elays the effective date, or otherwise renders unenforceable by the EPA, in whole or in part, the EPA's tailoring rule (75 FR 31514, June 3, 2010), endangerment finding (74 FR 66496, Dec ember 15, 2009), or light-duty vehicle greenhouse gas emission standard (75 FR 2568 6, May 7, 2010), this definition shall be enforceable only to the extent that it is e nforceable by the EPA. "Temporary clean coal technology demonstration project" means a clean coal

### 19 technology demonstration project that is operate d for a period of 5 years or less, and which complies with the Oklahoma Air Pollution Control Rules in OAC 252:100 and other requirements necessary to attain and/or main tain the NAAQS during and after the project is
terminated.

252:100-8-33. Exemptions (a) Exemptions from the requirements of OAC 252:100-8-34 through 252:100-8-36.2. (1) The requirements of OAC 252:100-8- 34 through 252:100-8-36.2 do not apply to a particular major stationary source or major modification if the source or modification is: (A) a nonprofit health or nonprofit educational institution; or (B) major only if fugitive emissions, to the extent quantifiable, are included in calculating the potential to emit and such sour ce is not one of the categories listed in paragraph (C) of the definition of "Major stationary source"; or (C) a portable stationary source which has previously received a permit under the requirements contained in OAC 252:100- 8-34 through 252:100-8-36.2 and proposes to relocate to a temporary new location from whic h its emissions would not impact a Class I area or an area where an applicable increment is known to be violated. (2) The requirements in OAC 252:100-8-34 through 252:100-8-36.2 do not apply to a major stationary source or major modification with resp ect to a particular pollutant if the owner or operator demonstrates that the source or modi fication is located in an area designated as nonattainment for that pollutant under section 107 of the Act. (b) Exemption from air quality impact anal yses in OAC 252:100-8-35(a) and (c) and
252:100-8-35.2. (1) The requirements of OAC 252:100-8- 35(a) and (c) and 252:100-8-35.2 are not applicable with respect to a particular pollutant , if the allowable emissions of that pollutant from a new source, or the net emissions increas e of that pollutant from a modification, would be temporary and impact no Class I area and no area where an applicable increment is known
to be violated. (2) The requirements of OAC 252:100-8-35(a) and (c) and 252:100-8-35.2 as they relate to any PSD increment for a Class II area do not appl y to a modification of a major stationary source that was in existence on March 1, 1978, if the net increase in allowable emissions of each regulated NSR pollutant from the modifica tion after the applicati on of BACT, would be
less than 50 TPY. (c) Exemption from air quality analysis requirements in OAC 252:100-8-35(c). (1) The monitoring requirements of OAC 252:100- 8-35(c) regarding air quality analysis are not applicable for a particular pollutant if the emission increase of the pollutant from a proposed major stationary source or the net emi ssions increase of the pollutant from a major modification would cause, in any area, ai r quality impacts less than the following amounts significant monitoring concentrations (SMC) : (A) Carbon monoxide - 575 μg/m 3 

### , 8-hour average, (B) Nitrogen dioxide - 14 μg/m 3 

### , annual average, (C) PM 2.5 

### - 4 μ g/m 3 

### , 24-hour average, (C) (D) Particulate matter PM 10 

### - 10 μg/m 3



### , TSP or PM

- 10, 24-hour average, (D) (E) Sulfur dioxide -13 μg/m 3 

### , 24-hour average, (E) (F) Ozone - no de minimis air quality leve l is provided for ozone, however any net
increase of 100 TPY or more of VOC or NO X 

### subject to PSD would require an ambient impact analysis, including the gathering of ambient air quality data,

### 20 (F) (G) Lead - 0.1 μg/m 3 

### , 24-hour 3-month average, (G) (H) Fluorides - 0.25 μg/m 3 

### , 24-hour average, (H) (I) Total reduced sulfur - 10 μg/m 3 

### , 1-hour average, (I) (J) Hydrogen sulfide - 0.2 μg/m 3 

### , 1-hour average, or (J) (K) Reduced sulfur compounds - 10μg/m 3 

### , 1-hour average. (2) The monitoring requirements of OAC 252:100-8-35(c) are not applicable for a particular pollutant if the pollutant is not listed in preceding OAC 252:100-8-33(c)(1). (d) Exemption from monitoring requiremen ts in OAC 252:100-8-35(c)(1)(B) and (D). (1) The requirements for air quality mon itoring in OAC 252:100-8-35(c)(1)(B) and (D) shall not apply to a particular source or modi fication that was subject to 40 CFR 52.21 as in effect on June 19, 1978, if a permit applicati on was submitted on or before June 8, 1981, and the Director subsequently determined that the application was complete except for the requirements in OAC 252:100-8-35(c)(1)(B) and (D). Instead, the requirements in 40 CFR 52.21(m)(2) as in effect on June 19, 1978, shall apply to any such source or modification. (2) The requirements for air quality mon itoring in OAC 252:100-8-35(c)(1)(B) and (D) shall not apply to a particular source or modi fication that was not s ubject to 40 CFR 52.21 as in effect on June 19, 1978, if a permit application was submitted on or before June 8, 1981, and the Director subsequently determined th at the application as submitted was complete, except for the requirements in OAC 252:100-8-35(c)(1)(B) and (D). (e) Exemption from the preapplication analys is required by OAC 252:100-8-35(c)(1)(A), (B), and (D). (1) The Director shall determine if the requirements for air quality monitoring of PM

- 10
PM 10 

### in OAC 252:100-8-35(c)(1)(A), (B ), and (D) may be waived for a particular source or modification when an application for a PSD permit was submitted on or before June l, 1988, and the Director subsequently determined th at the application, except for the requirements for monitoring particulate matter under OAC 252:100-8-35(c)(1)(A), (B), and (D), was complete before that date. (2) The requirements for air quality monitoring of PM

- 10 PM 10 

### in OAC 252:100-8-35(c)(1)(B)(i), 252:100-8-35(c)(1)(D), and 252:100-8-35(c)(3) shall apply to a particular source or modification if an appli cation for a permit was submitted after June l, 1988, and no later than December 1, 1988. The data sh all have been gathered over at least the period from February l, 1988, to the date th e application became otherwise complete in accordance with the provisions of OAC 252:100-8- 35(c)(1)(C), except that if the Director determines that a complete and adequate anal ysis can be accomplished with monitoring data over a shorter period (not to be less th an 4 months), the data required by OAC 252:100-8-35(c)(1)(B)(ii) shall have been gathered over that shorter period. (f) Exemption from BACT requirements a nd air quality analyses requirements. If a complete permit application for a source or modification was submitted before August 7, 1980 the requirements for BACT in OAC 252:100-8-34 a nd the requirements for air quality analyses in OAC 252:100-8-35(c)(1) are not applicable to a particular stationary source or modification that was subject to 40 CFR 52.21 as in effect on June 19, 1978. Instead, the federal requirements at 40 CFR 52.21 (j) and (n) as in effect on June 19, 1978, are applicable to any such source or
modification. (g) Exemption from OAC 252:100

- 8

- 35(a)(2) OAC 252:100-8-35(a)(1)(B)

. The permitting requirements of OAC 252:100

- 8

- 35(a)(2) OAC 252:100-8-35(a)(1)(B) do not apply to a stationary source or modification with respect to any PSD increment fo r nitrogen oxides if the owner or operator of the source or modification submitted a complete application for a permit

### 21 before February 8, 1988.

252:100-8-35. Air quality impact evaluation (a) Source impact analysis (impac t on NAAQS and PSD increment). The owner or operator of the proposed source or modification shall de monstrate that, as of the source's start

- up date, allowable emissions increase from that source or modification, in conjun ction with all other applicable emissions increases or reductions (i ncluding secondary emissions) would not cause or contribute to any increase in ambient concentrations that would exceed: (1) Required demonstration. The owner or operator of the proposed source or modification shall demonstrate that, as of th e source's start-up date, allowable emissions increases from that source or modification, in conjunction with all other applicable emissions increases or reductions (including secondary em issions) would not cause or contribute to any
increase in ambient concentrations that would exceed: (1) (A) any NAAQS in any air quality control region; or (2) (B) the remaining available PSD increment fo r the specified air contaminants in any

area as determined by the Director. (2) Significant impact levels (SILs). For purposes of PM 2.5 

### , the demonstration required in OAC 252:100-8-35(a)(1) is deemed to have been made if the emissions increase from the new stationary source alone or from the modification alone would cause, in all areas, air quality impacts less than the following significant impact levels (SILs). (A) The SILs for PM 2.5 

### annual averaging time are 0.06 μ g/m 3 

### for a Class I Area, 0.3

μ g/m 3 

### for a Class II Area, and 0.3 μ g/m 3 

### for a Class III Area. (B) The SILs for PM 2.5 

### 24-hour averaging time are 0.07 μ g/m 3 

### for a Class I Area, 1.2

μ g/m 3 

### for a Class II Area, and 1.2 μ g/m 3 

### for a Class III Area. (b) Air quality models. (1) All estimates of ambient concentrations required under this Part shall be based on the applicable air quality models, data bases, and other requirements specified in appendix W of 40 CFR 51 (Guideline on Air Quality Models) as it existed on January 2, 2006. (2) Where an air quality model specified in appendix W of 40 CFR 51 (Guideline on Air Quality Models) as it existed on January 2, 2006, is inappropriate, the model may be modified or another model substituted, as approved by the Administrator. Such a modification or substitution of a model may be made on a case-by-case basis or, where appropriate, on a generic basis. Modified or substitute models shall be submitted to the
Administrator with written concurrence of the Director. In addition, use of a modified or substituted model must be subject to no tice and opportunity for public comment under procedures set forth in Sec. 51.102 as it existed on January 2, 2006. (c) Air quality analysis.

I. (1) Preapplication analysis. (A) Ambient air quality analysis. Any application for a permit under this Part shall contain, as the Director determines appropriate, an analysis of ambient air quality in the area that the major stationary source or major modification would affect for each of the following pollutants: (i) for a new source, each regulated pollutant that it would have the potential to emit in a significant amount; (ii) for a major modification, each regulated pollutant for which it would result in a significant net emissions increase. (B) Monitoring requirements. (i) Non-NAAQS pollutants. For any such pollutant for which

### 22 no NAAQS exists, the analysis shall contain such air quality monitoring data as the Director determines is necessary to assess the ambient air quality for that pollutant in that

area. (ii) NAAQS pollutants. For visibility and any pollutant, other than VOC, for which a NAAQS does exist, the analysis shall contain continuous air quality monitoring data gathered to determine if emissions of that pollutant would cause or contribute to a violation of the NAAQS or any PSD increment. (C) Monitoring method. With respect to any requirements for air quality monitoring of PM

- 10 PM 10 

### under OAC 252:100-8-33(e)(1) and (2), the owner or operator of the source or modification shall use a monitoring method approved by the Director and shall estimate the ambient concentrations of PM

- 10 PM 10 

### using the data collected by such approved monitoring method in accordance with estimating procedures approved by the Director. (D) Monitoring period. In general, the required continuous air monitoring data shall have been gathered over a period of up to one year and shall represent the year preceding submission of the application. Ambient monitoring data gathered over a period shorter than one year (but no less than four months) or for a time period other than immediately preceding the application may be acceptable if such data are determined by the Director to be within the time period that maximum pollutant concentrations would occur, and to be complete and adequate for determining whether the source or modification will cause or contribute to a violation of any applicable NAAQS or consume more than the remaining available PSD increment. (E) Monitoring period exceptions. (i) Exceptions for applications that became effective between June 8, 1981, and February 9, 1982. For any application which became complete except for the monitoring requirements of OAC 252:100-8-35(c)(1)(B)(ii) and 252:100-8-35(c)(1)(D), between June 8, 1981, and February 9, 1982, the data that 252:100-8-35(c)(1)(B)(ii) requires shall have been gathered over the period from February 9, 1981, to the date the application became otherwise complete, except that: (I) If the source or modification would have been major for that pollutant under 40 CFR 52.21 as in effect on June 19, 1978, any monitoring data shall have been gathered over the period required by those regulations. (II) If the Director determines that a complete and adequate analysis can be accomplished with monitoring data over a shorter period, not to be less than four months, the data that OAC 252:100-8-35(c)(1)(B)(ii) requires shall have been gathered over that shorter period. (III) If the monitoring data would relate exclusively to ozone and would not have been required under 40 CFR 52.21 as in effect on June 19, 1978, the Director may waive the otherwise applicable requirements of OAC 252:100-8-35(c)(1)(E)(i) to the extent that the applicant shows that the monitoring data would be unrepresentative of air quality over a full year. (ii) Monitoring period exception for PM

- 10 PM
10 

### . For any

### 23 application that became complete, except for the requirements of OAC 252:100-8-35(c)(1)(B)(ii) and 252:100-8-35(c)(1)(D) pertaining to monitoring of PM

- 10 PM 10 

### , after December l, 1988, and no later than August l, 1989, the data that 252:100-8-35(c)(1)(B)(ii) requires shall have been gathered over at least the period from August l, 1988, to the date the application becomes otherwise complete, except that if the Director determines that a complete and adequate analysis can be accomplished with monitoring data over a shorter period (not less than 4 months), the data that 252:100-8-35(c)(1)(B)(ii) requires shall have been gathered over that shorter period. (F) Ozone post-approval monitoring. The owner or operator of a proposed major stationary source or major modification of VOC who satisfies all conditions of OAC 252:100-8-54 and 40 CFR 51, Appendix S, Section IV as it existed on January 16, 1979, may provide post-approval monitoring data for ozone in lieu of providing preconstruction data as required under OAC 252:100-8-35(c)(1). (2) Post-construction monitoring. The owner or operator of a new major stationary source or major modification shall conduct, after construction, such ambient monitoring and visibility monitoring as the Director determines is necessary to determine the effect its emissions may have, or are having, on air quality in any area. (3) Operation of monitoring stations. The operation of monitoring stations for any air quality monitoring required under this Part shall meet the requirements of 40 CFR 58 Appendix B as it existed January 2, 2006.

PART 9. MAJOR SOURCES AFFECTING NONATTAINMENT AREAS

252:100-8-50.1. Incorporation by reference (a) Inclusion of CFR citations and definitions. When a provision of Title 40 of the Code of Federal Regulations (40 CFR) is incorporated by reference, all citations contained therein are also incorporated by reference. (b) Terminology related to 40 CFR. When these terms are used in rules incorporated by reference from 40 CFR, the following terms or definitions shall apply. (1) "Baseline actual emissions" is synonymous with the definition of "baseline actual emissions" in OAC 252:100-8-31. (2) "Building, structure, facility, or installation" is synonymous with the definition of "building, structure, facility, or installation" in OAC 252:100-1-3. (3) "EPA" is synonymous with Department of Environmental Quality (DEQ) unless the context clearly indicates otherwise. (4) "Major modification" is synonymous with the definition of "major modification" in OAC 252:100-8-51. (5) "Net emissions increase" is synonymous with the definition of "net emissions increase" in OAC 252:100-8-51. (6) "Regulated NSR pollutant" is synonymous with the definition of "regulated NSR pollutant" in OAC 252:100-8-51. (6) (7) "Reviewing authority" is synonymous with "Director". (7) (8) "Secondary emissions" is synonymous with the definition

### 24 of "secondary emissions" in OAC 252:100-8-1.1. (8) (9) "State implementation plan" is synonymous with OAC
252:100. (9) (10) "Volatile organic compound (VOC)" is synonymous with the definition of "volatile organic compound" or "VOC" in OAC
252:100-1-3. 252:100-8-51. Definitions The definitions in 40 CFR 51.165(a)(1) are hereby incorporated by reference as they exist on July 2, 2007 July 1, 2010 , except for the definitions found at 40 CFR 51.165(a)(1)(xxxv) "baseline actual emissions"; (ii) "building, structure, facility, or installation"; (xlv) "fixed capital cost"; (xliv) "functionally equivalent component"; (v) "major modification"; (vi) "net emissions increase"; (xliii) "process unit"; (xxxvii) "regulated NSR pollutant"; (xxxviii) "reviewing authority"; (viii) "secondary emissions"; (xlvi) "total capital investment"; and (xix) "volatile organic compound (VOC)". With the exception of "reviewing authority", "fixed capital cost", "functionally equivalent component", "process unit", and "total capital investment", these terms are defined in OAC 252:100-8-31, 252:100-8-51, or 252:100-1-3. The following words and terms, when used in this Part, shall have the following meaning, unless the context clearly indicates otherwise. "Major modification" means: (A) Any physical change in, or change in the method of operation of, a major stationary source that would result in a significant emissions increase of a regulated NSR pollutant and a significant net emissions increase of that pollutant from the major stationary source is a major modification. (i) Any significant emissions increase from any emissions unit or net emissions increase at a major stationary source that is significant for VOC and/or oxides of nitrogen (NO

X 

### ) shall be considered significant for ozone. (ii) A physical change or change in the method of operation shall not include: (I) routine maintenance, repair and replacement; (II) use of an alternative fuel or raw material by reason of any order under sections 2(a) and (b) of the Energy Supply and Environmental Coordination Act of 1974 (or any superseding legislation) or by reason of a natural gas curtailment plan pursuant to the Federal Power Act; (III) use of an alternative fuel by reason of an order or rule under section 125 of the Act; (IV) use of an alternative fuel at a steam generating unit to the extent that the fuel is generated from municipal solid waste; (V) use of an alternative fuel or raw material by a source which the source was capable of accommodating before December 21, 1976, unless such change would be prohibited under any federally enforceable permit condition which was established after December 21, 1976, or the source is approved to use under any permit issued under 40 CFR
52.21 or OAC 252:100-7 or 8; (VI) an increase in the hours of operation or in the production rate unless such change would be prohibited under any federally enforceable permit condition which

### 25 was established after December 21, 1976; (VII) any change in source ownership; (VIII) the installation, operation, cessation, or removal of a temporary clean coal technology demonstration project, provided that the project complies with OAC 252:100 and other requirements necessary to attain and maintain the NAAQS during the project and after it is terminated. (B) This definition shall not apply with respect to a particular regulated NSR pollutant when the major stationary source is complying with the requirements under OAC 252:100-8-56 for a PAL for that pollutant. Instead the definition at 40 CFR 51.165(f)(2)(viii) shall apply. (C) For the purpose of applying the requirements of OAC 252:100-8-54.1(a) to modifications at major stationary sources
of NO

X 

### located in ozone nonattainment areas or in ozone transport regions (as defined in 42 U.S.C. § 7511c), whether or not subject to subpart 2, part D, title I of the Act, any significant net emissions increase of NO

X 

### is considered significant for ozone. (D) Any physical change in, or change in the method of operation of, a major stationary source of VOCs that results in any increase in emissions of VOCs from any discrete operation, emissions unit, or other pollutant emitting activity at the source shall be considered a significant net emissions increase and a major modification for ozone, if the major stationary source is located in an extreme ozone nonattainment area that is subject to subpart 2, part D, title I of the Act. "Net emissions increase" means: (A) With respect to any regulated NSR pollutant emitted by a major stationary source, net emissions increase shall mean the amount by which the sum of the following exceeds zero: (i) the increase in emissions from a particular physical change or change in the method of operation at a stationary source as calculated pursuant to OAC 252:100-8-50(b); and, (ii) any other increases and decreases in actual emissions at the major stationary source that are contemporaneous with the particular change and are otherwise creditable. Baseline actual emissions for calculating increases and decreases under (A)(ii) of this definition shall be determined as provided in the definition of "baseline actual emissions", except that (B)(iii) and (C)(iv) of that definition shall not apply. (B) An increase or decrease in actual emissions is contemporaneous with the increase from the particular change only if it occurs within 3 years before the date that the increase from the particular change occurs. (C) An increase or decrease in actual emissions is creditable only if: (i) it is contemporaneous; and (ii) the Director has not relied on it in issuing a permit under OAC 252:100-8, Part 9, which permit is in effect when the increase in actual emissions from the particular change

occurs. (D) An increase in actual emissions is creditable only to the extent that the new level of actual emissions exceeds the old

### 26 level. (E) A decrease in actual emissions is creditable only to the
extent that: (i) the old level of actual emissions or the old level of allowable emissions, whichever is lower, exceeds the new level of actual emissions; (ii) it is enforceable as a practical matter at and after the time that actual construction on the particular change begins; (iii) the Director has not relied on it in issuing any permit under OAC 252:100; and, (iv) it has approximately the same qualitative significance for public health and welfare as that attributed to the increase from the particular change. (F) An increase that results from a physical change at a source occurs when the emission unit on which construction occurred becomes operational and begins to emit a particular pollutant. Any replacement unit that requires shakedown becomes operational after a reasonable shakedown period, not to exceed 180 days. (G) Paragraph 40 CFR 51.165(a)(1)(xii)(B) of the definition of "actual emissions" shall not apply for determining creditable increases and decreases or after a change. "Regulated NSR pollutant" for purposes of this Part, means any or all of the following: (A) Nitrogen oxides or volatile organic compounds; (B) Any pollutant for which a NAAQS has been promulgated; (C) Any pollutant that is identified under this paragraph as a constituent or precursor of a general pollutant listed under paragraph (A) or (B) of this definition, provided that such constituent or precursor pollutant may only be regulated under NSR as part of regulation of the general pollutant. Precursors identified by the Administrator for purposes of NSR are the following: (i) Volatile organic compounds and nitrogen oxides are precursors to ozone in all ozone nonattainment areas. (ii) Sulfur dioxide is a precursor to PM

2.5 

### in all PM

2.5 

### nonattainment areas. (iii) Nitrogen oxides are presumed to be precursors to PM

2.5 

### in all PM

2.5 

### nonattainment areas, unless the State demonstrates to the Administrator's satisfaction or EPA demonstrates that emissions of nitrogen oxides from sources in a specific area are not a significant contributor to that area's ambient PM

2.5 

### concentrations. (iv) Volatile organic compounds and ammonia are presumed not to be precursors to PM
2.5 

### in any PM

2.5 

### nonattainment area, unless the State demonstrates to the Administrator's satisfaction or EPA demonstrates that emissions of volatile organic compounds or ammonia from sources in a specific area are a significant contributor to that area's ambient PM

2.5 

### concentrations, or (D) PM
2.5 

### emissions and PM

10 

### emissions, including gaseous emissions from a source or activity which condense to form particulate matter at ambient temperatures. Such condensable particulate matter shall be accounted for in applicability

### 27 determinations and in establishing emissions limitations for

PM 2.5 

### and PM

10 

### in nonattainment major NSR permits.

252:100-8-51.1. Emissions reductions and offsets (a) The requirements in 40 CFR 51.165(a)(3) regarding emissions reductions and offsets are hereby incorporated by reference as they exist on July 2, 2007. (b) Meeting the emissions offset requirements in subsection OAC
252:100

- 8

- 51.1(a) for ozone nonattainment areas that are subject to subpart 2, part D, title I of the Act shall be in accordance with the requirements in 40 CFR 51 .165(a)(9) which is hereby incorporated by reference as it exists on July 2, 2007. The requirements in subsection 40 CFR 51.165(a) (9) dealing with offset ratios are hereby incorporated by reference as they exist on July 1, 2010. (c) The requirements in 40 CFR 51.165(a)(11) regarding emission offsets are hereby incorporated by reference as they exist on July 1, 2010.

252:100-8-52. Applicability determination for sources in attainment areas causing or contributing to NAAQS violation (a) The requirements in 40 CFR 51.165(b) regarding a source located in an attainment or unclassifiable area but causing or contributing to a NAAQS violation are hereby incorporated by reference as they exist on July 2, 2007 December 20, 2010

. (b) Sources of VOC located outside a designated ozone nonattainment area will be presumed to have no significant impact on the designated nonattainment area. If ambient monitoring indicates that the area of source location is in fact nonattainment, then the source may be granted its permit since the area has not yet been designated nonattainment. (c) Sources locating in an attainment area but impacting on a nonattainment area above the significant levels listed in OAC 252:100-8-52(a) are exempted from the condition of OAC 252:100-8-54(4)(A). (d) The determination whether a source or modification will cause or contribute to a violation of an applicable ambient air quality standard for sulfur dioxide, particulate matter or carbon monoxide will be made on a case-by-case basis as of the proposed new source's start-up date by an atmospheric simulation model. For sources of nitrogen oxides the model can be used for an initial determination assuming all the nitric oxide emitted is oxidized to nitrogen dioxide by the time the plume reaches ground level, and the initial concentration estimates will be adjusted if adequate data are available to account for the expected oxidation rate. (e) The determination as to whether a source would cause or contribute to a violation of applicable ambient air quality standards will be made on a case-by-case basis as of the new source's start-up date. Therefore, if a designated nonattainment area is projected to be attainment as part of the state implementation plan control strategy by the new source start-up date, offsets would not be required if the new source would not cause a new violation.

### 1 TITLE 252. DEPARTMENT OF ENVIRONMENTAL QUALITY
CHAPTER 100. AIR POLLUTION CONTROL

SUBCHAPTER 8. PERMITS FOR PART 70 SOURCES

PART 5. PERMITS FOR PART 70 SOURCES

252:100-8-2. Definitions The following words and terms, when used in this Part, shall have the following meaning, unless the context clearly indicates otherwise. Except as specifically provided in this Section, terms used in this Part retain the meaning acco rded them under the applicable requirements of
the Act. "Administratively complete" means an application that provides: (A) All information required under OAC 252:100-8-5(c), (d), or (e); (B) A landowner affidavit as required by OAC 252:2-15-20(b)(3); (C) The appropriate application fees as required by OAC 252:100-8-1.7; and (D) Certification by the responsible o fficial as required by OAC 252:100-8-5(f).
"Affected source" means the same as the meaning given to it in the regulations promulgated under Title IV (acid rain) of the Act.
"Affected states" means: (A) all states: (i) That are one of the following con tiguous states: Arkansas, Colorado, Kansas, Missouri, New Mexico and Texas, and (ii) That in the judgment of the DEQ may be directly affected by emissions from the facility seeking the permit, permit modification, or permit renewal being proposed; or (B) all states that are within 50 miles of the permitted source.
"Affected unit" means the same as the meaning given to it in the regulations promulgated under Title IV (acid rain) of the Act. "Applicable requirement" means all of the following as they apply to emissions units in a Part 70 source subject to this Chapter (includi ng requirements that have been promulgated or approved by EPA through rulemaking at the time of issuance but have future effective compliance dates): (A) Any standard or other requirements provided for in the applicable implementation plan approved or promulgated by EPA through rulemaking under Title I of the Act that implements the relevant requirements of the Act, including any revisions to that plan promulgated in 40 CFR Part 52; (B) Any term or condition of any preconstruc tion permits issued pursuant to regulations approved or promulgated through rulemaking under Title I, including parts C or D, of the Act; (C) Any standard or other requirement unde r section 111 of the Act, including section 111(d); (D) Any standard or other requirement under section 112 of the Act, including any requirement concerning accident prevention under section 112(r)(7) of the Act, but not including the contents of any risk management plan required under 112(r) of the Act; (E) Any standard or other requirement of the acid rain program under Title IV of the Act or the regulations promulgated thereunder; (F) Any requirements established pursuant to section 504(b) or section 114(a)(3) of the

### 2 Act; (G) Any standard or other requirement gove rning solid waste incineration, under section 129 of the Act; (H) Any standard or other requirement for consumer and commercial products, under section 183(e) of the Act; (I) Any standard or other requirement for tank vessels, under section 183(f) of the Act; (J) Any standard or other requirement of the regulations promulgated to protect stratospheric ozone under Title VI of the Act, unless the Administrator has determined that such requirements need not be contained in a Title V permit; and (K) Any national ambient air quality standard or increment or visibility requirement under part C of Title I of the Act, but onl y as it would apply to temporary sources permitted pursuant to section 504(e) of the Act. "Begin actual construction" means for purposes of this Part, that the owner or operator has begun the construction or installation of the emitti ng equipment on a pad or in the final location at the facility. "Designated representative" means with respect to affected units, a responsible person or official authorized by the owner or operator of a unit to represent the owner or operator in matters pertaining to the holding, transfer, or dis position of allowances allocated to a unit, and the submission of and compliance with permits, permit applications, and compliance plans for
the unit. "Draft permit" means the version of a permit for whic h the DEQ offers public participation under 27A O.S.§§ 2-14-101 through 2-14-401 and OAC 252:4-7 or affected State review under
OAC 252:100-8-8. "Emergency" means, when used in OAC 252:100-8-6( a)(3)(C)(iii)(I) and (e), any situation arising from sudden and reasonably unforeseeable events beyond the control of the source, including acts of God, which situation requires immediate corrective action to restore normal operation, and that causes the source to exceed a technology-based emission limitation under the permit, due to unavoidable increases in emissions attributable to the emergency. An emergency shall not include noncompliance to the extent cau sed by improperly designed equipment, lack of preventive maintenance, careless or improper operation, or operator error. "Emissions allowable under the permit" means a federally enforceable permit term or condition determined at issuance to be required by an applicable requirement that establishes an emissions limit (including a work practice standard) or a federally enforceable emissions cap that the source has assumed to avoid an applicable requirement to which the source would otherwise be subject.
"Emissions unit" means any part or activity of a sta tionary source that emits or has the potential to emit any regulated air pollutant or any pollutant listed under section 112(b) of the Act. Fugitive emissions from valves, flanges, etc. associated with a specific unit process shall be identified with that specific emission unit. This term is not meant to alter or affect the definition of the term "unit" for purposes of Title IV of the Act. "Final permit" means the version of a part 70 permit issued by the DEQ that has completed all review procedures required by OAC 252:100-8-7 through 252:100-8-7.5 and OAC
252:100-8-8. "Fugitive emissions" means those emissions of regulat ed air pollutants which could not reasonably pass through a stack, chimney, vent, or other functionally-equivalent opening. "General permit" means a part 70 permit that meets the requirements of OAC
252:100-8-6.1.

### 3 "Insignificant activities" means individual emissions units that are either on the list approved by the Administrator and contained in Appendix I, or whose actual calendar year emissions do not exceed any of the limits in (A) a nd (B) of this definiti on. Any activity to which a State or federal applicable requirement applies is not insignificant even if it meets the criteria below or is included on the insignificant activities list. (A) 5 tons per year (TPY) of any one criteria pollutant. (B) 2 tons per year for any one hazardous air pollutant (HAP) or 5 tons per year for an aggregate of two or more HAPs, or 20 percent of any threshold less than 10 tons per year for single HAP that the EPA may establish by rule.
"MACT" means maximum achievable control technology. "Major source" means any stationary source (or any group of stationary sources that are located on one or more contiguous or adjacent properties and are under common control of the same person (or persons under common control)) belonging to a single major industrial grouping and that is described in subparagraph (A), (B), or (C) of this defin ition. For the purposes of defining "major source," a stationary source or gr oup of stationary sources shall be considered part of a single industrial grouping if all of the pollutant emitting activities at such source or group of sources on contiguous or adjacent properties belong to the same Major Group (i.e., all have the same two-digit primary SIC code) as de scribed in the Standard Industrial Classification Manual, 1987. (A) A major source under section 112 of the Act, which is defined as: (i) For pollutants other than radionuclid es, any stationary source or group of stationary sources located within a contiguous area and under common control that emits or has the potential to emit, in the aggregate, 10 TPY or more of any hazardous air pollutant which has been listed pursuant to section 112(b) of the Act, 25 TPY or more of any combination of such hazardous air pollutants, or such lesser quantity as the Administrator may establish by rule. Notwithstanding the preceding sentence, emissions from any oil or gas explorati on or production well (with its associated equipment) and emissions from any pipelin e compressor or pump station shall not be aggregated with emissions from other simila r units, whether or not such units are in a contiguous area or under common control, to determine whether such units or stations are major sources; or. (ii) For radionuclides, "major source" shall have the meaning specified by the Administrator by rule. (B) A major stationary source of air pollutants, as defined in section 302 of the Act, that directly emits or has the potential to emit, 100 TPY or more of any regulated air pollutant (except gross particulate matter) subject to regulation (including any major source of fugitive emissions of any such pollutant, as determined by rule by the Administrator). The fugitive emissions of a stationary source shall not be considered in determining whether it is a major stationary source for the purposes of section 302(j) of the Act, unless the source belongs to one of the following categories of stationary sources: (i) Coal cleaning plants (with thermal dryers); (ii) Kraft pulp mills; (iii) Portland cement plants; (iv) Primary zinc smelters; (v) Iron and steel mills; (vi) Primary aluminum ore reduction plants; (vii) Primary copper smelters;

### 4 (viii) Municipal incinerators capable of charging more than 250 tons of refuse per day; (ix) Hydrofluoric, sulfuric, or nitric acid plants; (x) Petroleum refineries; (xi) Lime plants; (xii) Phosphate rock processing plants; (xiii) Coke oven batteries; (xiv) Sulfur recovery plants; (xv) Carbon black plants (furnace process); (xvi) Primary lead smelters; (xvii) Fuel conversion plants; (xviii) Sintering plants; (xix) Secondary metal production plants; (xx) Chemical process plants (not including ethanol production facilities that produce ethanol by natural fermentati on included in NAICS codes 325193 or 312140); (xxi) Fossil-fuel boilers (or combinati on thereof) totaling more than 250 million British thermal units per hour heat input; (xxii) Petroleum storage and transfer units with a total storage capacity exceeding 300,000 barrels; (xxiii) Taconite ore processing plants; (xxiv) Glass fiber processing plants; (xxv) Charcoal production plants; (xxvi) Fossil-fuel-fired steam electric plants of more than 250 million British thermal units per hour heat input; or (xxvii) All other stationary source categories which, as of August 7, 1980, are being regulated by a standard promulgated under section 111 or 112 of the Act. (C) A major stationary source as defined in part D of Title I of the Act, including: (i) For ozone non-attainment areas, sources with the potential to emit 100 TPY or more of volatile organic compounds or oxide s of nitrogen in areas classified as "marginal" or "moderate," 50 TPY or more in areas classified as "serious," 25 TPY or more in areas classified as "severe," a nd 10 TPY or more in areas classified as "extreme"; except that the references in this paragraph to 100, 50, 25, and 10 TPY of nitrogen oxides shall not apply with re spect to any source for which the Administrator has made a finding, under sec tion 182(f)(1) or (2) of the Act, that requirements under section 182(f) of the Act do not apply; (ii) For ozone transport regions estab lished pursuant to section 184 of the Act, sources with the potential to emit 50 TPY or more of volatile organic compounds; (iii) For carbon monoxide non-attainment areas: (I) that are classified as "serious"; and (II) in which stationary sources contribute significantly to carbon monoxide
levels as determined under rules issued by the Administrator, sources with the potential to emit 50 TPY or more of carbon monoxide; and (iv) For particulate matter (PM

- 10) (PM 10 

### ) non-attainment areas classified as "serious," sources with the potential to emit 70 TPY or more of PM

- 10 PM 10



### . "Maximum capacity" means the quantity of air contamin ants that theoretically could be emitted by a stationary source without control de vices based on the design capacity or maximum

### 5 production capacity of the source and 8,760 hours of operation per year. In determining the
maximum theoretical emissions of VOCs for a source, the design capacity or maximum production capacity shall include the use of raw ma terials, coatings and inks with the highest VOC content used in practice by the source.
"Permit" means (unless the context suggests othe rwise) any permit or group of permits covering a Part 70 source that is issued, renewed, amended, or revised pursuant to this Chapter.
"Permit modification" means a revision to a Part 70 c onstruction or operating permit that meets the requirements of OAC 252:100-8-7.2(b). "Permit program costs" means all reasonable (direct and indirect) costs required to develop and administer a permit program, as set fort h in OAC 252:100-5-2.2 (whether such costs are incurred by the DEQ or other State or local agenci es that do not issue permits directly, but that support permit issuance or administration).
"Permit revision" means any permit modification or administrative permit amendment.
"Potential to emit" means the maximum capacity of a stationary source to emit any air pollutant under its physical and operational de sign. Any physical or operational limitation on the capacity of a source to emit an air polluta nt, including air pollution control equipment and restrictions on hours of operation or on the type or amount of material combusted, stored, or processed, shall be treated as part of its design if the limitation is enforceable by the
Administrator. This term does not alter or aff ect the use of this term for any other purposes under the Act, or the term "capacity factor" as us ed in Title IV of the Act or the regulations promulgated thereunder. "Proposed permit" means the version of a permit that the DEQ proposes to issue and forwards to the Administrator for review in compliance with OAC 252:100-8-8. "Regulated air pollutant" means the following: (A) Nitrogen oxides or any volatile organic compound (VOC), including those
substances defined in OAC 252:100-1- 3, 252:100-37-2, and 252:100-39-2, except those specifically excluded in the EPA definition of VOC in 40 CFR 51.100(s); (B) Any pollutant for which a national ambient air quality standard has been promulgated; (C) Any pollutant that is subject to any standard promulgated under section 111 of the Act; (D) Any Class I or II ozone-depleting subs tance subject to a standard promulgated under or established by Title VI of the Act; (E) Any pollutant subject to a standard promulgated under section 112 or other requirements established under section 112 of the Act (Hazardous Air Pollutants), including sections 112(g) (Modifications), (j ) (Equivalent Emission Limitation by Permit, and (r) (Prevention of Accidental Releases), including the following: (i) any pollutant subject to the requireme nts under section 112(j) of the Act. If the Administrator fails to promulgate a sta ndard by the date established pursuant to section 112(e) of the Act (Schedule for St andards and Review), any pollutant for which a subject source would be major shall be considered to be regulated as to that source on the date 18 months after the appli cable date established pursuant to section 112(e) of the Act; and, (ii) any pollutant for which the requirements of section 112(g)(2) of the Act have been met, but only with respect to the individual source subject to the section 112(g)(2) requirement; or (F) Any other substance for which an air emission limitation or equipment standard is

### 6 set by an existing permit or regulation.
"Renewal" means the process by which a permit is reissued at the end of its term. "Section 502(b)(10) changes" means changes that contravene an express permit term. Such changes do not include changes that would violate applicable requirements or contravene federally enforceable permit terms and conditions that are monitoring (including test methods), recordkeeping, reporting, or compliance certification requirements.
"Small unit" means a fossil fuel fired combustion device which serves a generator with a name plate capacity of 25 MWe or less. "State-only requirement" means any standard or requirement pursuant to Oklahoma Clean Air Act (27A O.S.§§ 2-5-101 through 2-5-118, as ame nded) that is not contained in the State Implementation Plan (SIP). "State program" means a program approved by the Administrator under 40 CFR Part 70. "Stationary source" means any building, structure, facilit y, or installation that emits or may emit any regulated air pollutant or any pollutant listed under section 112(b) of the Act as it existed on January 2, 2006. "Subject to regulation" means, for any air pollutant, that the pollutant is subject to either a provision in the federal Clean Air Act, or a na tionally-applicable regulation codified by the EPA Administrator in subchapter C of Chapter I of 40 CFR, that requires actual control of the quantity of emissions of that pollutant, and that such a control requirement has taken effect and is operative to control, limit, or restrict the quan tity of emissions of that pollutant released from the regulated activity. Except that: (A) Greenhouse gases (GHG) shall not be subj ect to regulation unless, as of July 1, 2011, the GHG emissions are at a stationary source emitting or having the potential to emit 100,000 TPY CO 2 

### equivalent emissions (CO 2 

### e) and are otherwise subject to regulation as previously described in this definition. (B) The term TPY CO 2 

### equivalent emissions (CO 2 

### e) shall represent an amount of GHG emitted, and shall be computed by multiplying the mass amount of emissions (TPY), for each of the six greenhouse gases in the pollu tant GHG, by the gas' associated global warming potential (GWP) published in Table A-1 to subpart A of 40 CFR Part 98 – Global Warming Potentials, and summing the re sultant value for each to compute a TPY
CO 2 

### e. (C) If federal legislation or a federal court st ays, invalidates, delays the effective date, or otherwise renders unenforceable by the EPA, in whole or in part, the EPA's tailoring rule (75 FR 31514, June 3, 2010), endangerment finding (74 FR 66496, December 15, 2009), or light-duty vehicle greenhouse gas emissi on standard (75 FR 25686, May 7, 2010), this definition shall be enforceable only to the extent that it is enforceable by the EPA.
"Trivial activities" means any individual or combination of air emissions units that are considered inconsequential and are on a list a pproved by the Administrator and contained in Appendix J.
"Unit" means, for purposes of Title IV, a fossil fuel-fired combustion device.

PART 7. PREVENTION OF SIGNIFICANT DETERIORATION (PSD) REQUIREMENTS FOR ATTAINMENT AREAS

252:100-8-31. Definitions The following words and terms when used in this Part shall have the following meaning,

### 7 unless the context clearly indicates otherwise. All terms used in this Part that are not defined in this Section shall have the meaning given to them in OAC 252:100-1- 3, 252:100-8-1.1, or in the
Oklahoma Clean Air Act.
"Actual emissions" means the actual rate of emissions of a regulated NSR pollutant from an emissions unit, as determined in accordance with paragraphs (A) through (C) of this definition, except that this definition shall not apply for calculating whether a significant emissions increase has occurred, or for establishing a PAL under OAC 252:100-8-38. Instead, the definitions of "projected actual emissions" and "baseline actual emissions" shall apply for those purposes. (A) In general, actual emissions as of a par ticular date shall equal the average rate in TPY at which the unit actually emitted the pollutant during a consecutive 24-month period which precedes the particular date a nd which is representative of normal source operation. The Director shall allow the use of a different time period upon a determination that it is more representative of normal source operation. Actual emissions shall be calculated using the unit' s actual operating hours, production rates, and types of materials processed, stored, or combusted during the selected time period. (B) The Director may presume that source- specific allowable emissions for the unit are equivalent to the actual emissions of the unit. (C) For any emissions unit that has not begun normal operations on the particular date, actual emissions shall equal the potential to emit of the unit on that date.
"Allowable emissions" means the emission rate of a stationary source calculated using the maximum rated capacity of the source (unless the source is subject to enforceable limits which restrict the operating rate, or hours of operation, or both) and the most stringent of the following: (A) the applicable standards as set forth in 40 CFR Parts 60 and 61; (B) the applicable State rule allowable emissions; or, (C) the emissions rate specified as an enforceable permit condition.
"Baseline actual emissions" means the rate of emissions, in TPY, of a regulated NSR pollutant, as determined in accordance with pa ragraphs (A) through (E) of this definition. (A) The baseline actual emissions shall be based on current emissions data and the unit's utilization during the period chosen. Current emission data means the most current and
accurate emission factors available and could include emissions used in the source's latest permit or permit application, the most recent CEM data, stack test data, manufacturer's data, mass balance, engineering calculations, and other emission factors. (B) For any existing electric utility steam generating unit (EUSGU), baseline actual emissions means the average rate, in TPY, at which the unit actually emitted the pollutant during any consecutive 24-month period select ed by the owner or operator within the 5-year period immediately preceding the date that a complete permit application is received by the Director for a permit requi red under OAC 252:100-8. The Director shall allow the use of a different time period upon a determination that it is more representative of normal source operation. (i) The average rate shall include fugitiv e emissions to the extent quantifiable, and emissions associated with start-ups, shutdowns, and malfunctions. (ii) The average rate shall be adjust ed downward to exclude any noncompliant emissions that occurred while the source was operating above an emission limitation that was legally enforceable during the consecutive 24-month period. (iii) For a regulated NSR pollutant, when a project involves multiple emissions units, only one consecutive 24-month period shall be used to determine the baseline actual
emissions for all the emissions units affect ed by the project. A different consecutive

### 8 24-month period can be used for each regulated NSR pollutant. (iv) The average rate shall not be based on any consecutive 24-month period for which there is inadequate information for determining annual emissions, in TPY, and for adjusting this amount if required by (B)(ii) of this definition. (C) For an existing emissions unit (other than an EUSGU), baseline actual emissions means the average rate in TPY, at which th e emissions unit actually emitted the pollutant during any consecutive 24-month period select ed by the owner or operator within the 10-year period immediately preceding either the date the owner or operator begins actual construction of the project, or the date a complete permit application is received by the Director for a permit required either under this Part or under a plan approved by the Administrator, whichever is earlier, except th at the 10 year period shall not include any period earlier than November 15, 1990. (i) The average rate shall include fugitiv e emissions to the extent quantifiable, and emissions associated with startups, shutdowns, and malfunctions. (ii) The average rate shall be adjust ed downward to exclude any noncompliant emissions that occurred while the source was operating above an emission limitation that was legally enforceable during the consecutive 24-month period. (iii) The average rate shall be adjusted downward to exclude any emissions that
would have exceeded an emission limitation w ith which the major stationary source must currently comply, had such major stationary source been required to comply with such limitations during the consecu tive 24-month period. However, if an emission limitation is part of a MACT sta ndard that the Administrator proposed or promulgated under 40 CFR 63, the baseline actua l emissions need only be adjusted if DEQ has taken credit for such emissions reduction in an attainment demonstration or maintenance plan consistent with requirements of 40 CFR 51.165(a)(3)(ii)(G). (iv) For a regulated NSR pollutant, wh en a project involves multiple emissions units, only one consecutive 24-month period must be used to determine the baseline actual emissions for the emissions units being changed. A different consecutive 24-month period can be used for each regulated NSR pollutant. (v) The average rate shall not be based on any consecutive 24-month period for which there is inadequate information for determining annual emissions, in TPY, and for adjusting this amount if required by (C)(ii) and (iii) of this definition. (D) For a new emissions unit, the baseline actual emissions for purposes of determining the emissions increase that will result from the initial construction and operation of such unit shall equal zero; and thereafter, for all other purposes, shall equal the unit's potential
to emit. (E) For a PAL for a stationary source, the baseline actual emissions shall be calculated for existing EUSGU in accordance with the proce dures contained in paragraph (B) of this definition, for other existing emissions units in accordance with the procedures contained in Paragraph (C) of this definition, and for a new emissions unit in accordance with the procedures contained in paragraph (D) of this definition.
"Baseline area" means any intrastate areas (and every pa rt thereof) designated as attainment
or unclassifiable under section 107(d)(1)(D) or (E) 107(d)(1)(A)(ii) or (iii) of the Act in which the major source or major modification estab lishing the minor source baseline date would construct or would have an air quality impact fo r the pollutant for which the baseline date is established, as follows: equal Equal to or greater than 1 μg/m 3 

### (annual average) of the pollutant
for which the minor source baseline date is established. for SO 2 

### , NO 2 

### , or PM 10 

### ; or equal or

### 9 greater than 0.3 μg/m 3 

### (annual average) for PM 2.5



### . (A) Area redesignations under section 107(d)(1)(D) or (E) 107(d)(1)(A)(ii) or (iii) of the
Act cannot intersect or be smaller than the ar ea of impact of any major stationary source or major modification which: (i) establishes a minor source baseline date; or (ii) is subject to 40 CFR 52.21 or OAC 252:100-8, Part 7, and would be constructed in the same State as the State proposing the redesignation. (B) Any baseline area established originally for the TSP increments shall remain in effect and shall apply for purposes of determining the amount of available PM

- 10 PM 10 

### increments, except that such baseline area sha ll not remain in effect if the Director rescinds the corresponding minor source baselin e date in accordance with paragraph (D)
of the definition of "baseline date".
"Baseline concentration" means that ambient concentration level that exists in the baseline area at the time of the applicable minor source baseline date. (A) A baseline concentration is determined for each pollutant for which a minor source
baseline date is established and shall include: (i) the actual emissions representative of sources in existence on the applicable minor source baseline date, except as provided in (B) of this definition. (ii) the allowable emissions of major stationary sources that commenced construction before the major source baselin e date, but were not in operation by the applicable minor source baseline date. (B) The following will not be included in th e baseline concentration and will affect the applicable maximum allowable increase(s): (i) actual emissions from any major stationary source on which construction commenced after the major source baseline date; and, (ii) actual emissions increases and decr eases at any stationary source occurring
after the minor source baseline date.
"Baseline date" means: (A) Major source baseline date means: (i) in the case of particulate matter PM 10 

### and sulfur dioxide, January 6, 1975, and ; (ii) in the case of nitrogen dioxide, February 8, 1988. ; and (iii) in the case of PM 2.5 

### , October 20, 2010. (B) Minor source baseline date means the earlie st date after the trigger date on which a major stationary source or major modi fication (subject to 40 CFR 52.21 or OAC 252:100-8, Part 7) submits a complete application. The trigger date is: (i) in the case of particulate matter PM 10 

### and sulfur dioxide, August 7, 1977, and ; (ii) in the case of nitrogen dioxide, February 8, 1988. ; and (iii) in the case of PM 2.5 

### , October 20, 2011. (C) The baseline date is established for each pollutant for which increments or other equivalent measures have been established if: (i) the area in which the proposed s ource or modification would construct is designated as attainment or unclassifiable under section 107(d)(i)(D) or (E) 107(d)(1)(A)(ii) or (iii) of the Act for the pollutant on the date of its complete application under 40 CFR 52.21 or under OAC 252:100-8, Part 7; and (ii) in the case of a major stationary source, the pollutant would be emitted in significant amounts, or, in the case of a major modification, there would be a significant net emissions increase of the pollutant.

### 10 (D) Any minor source baseline date establishe d originally for the TSP increments shall remain in effect and shall apply for purpos es of determining the amount of available

PM

- 10 PM 10 

### increments, except that the Director may rescind any such minor source baseline date where it can be shown, to the satis faction of the Director, that the emissions increase from the major stationary source, or the net emissions increase from the major modification, responsible for triggering that da te did not result in a significant amount of

PM

- 10 PM 10 

### emissions. "Begin actual construction" means in general, initiation of physical on-site construction activities on an emissions unit which are of a permanent nature. (A) Such activities include, but are not limite d to, installation of building supports and foundations, laying of underground pipework, and construction of permanent storage

structures. (B) With respect to a change in method of operation this term refers to those on-site activities, other than preparatory activities, which mark the initiation of the change. "Best available control technology" or "BACT" means an emissions limitation (including a visible emissions standard) based on the maxi mum degree of reduction for each regulated NSR pollutant which would be emitted from any proposed major stationary source or major modification which the Director, on a case- by-case basis, taking into account energy, environmental, and economic impacts and other cost s, determines is achievable for such source or modification through application of production processes or available methods, systems, and techniques, including fuel cleaning or treatment or innovative fuel combination techniques for control of such pollutant. In no event shall a pplication of BACT result in emissions of any pollutant which would exceed the emissions a llowed by any applicable standard under 40 CFR parts 60 and 61. If the Director determines that technological or economic limitations on the application of measurement methodology to a particular emissions unit would make the imposition of an emissions standard infeasible, a design, equipment, work practice, operational standard or combination thereof, may be prescr ibed instead to satisfy the requirement for the application of BACT. Such standard shall, to the degree possible, set forth the emissions reduction achievable by implementation of such design, equipment, work practice or operation, and shall provide for compliance by means which achieve equivalent results. "Clean coal technology" means any technology, including technologies applied at the precombustion, combustion, or post combustion stag e, at a new or existing facility which will achieve significant reductions in air emissions of sulfur dioxide or oxides of nitrogen associated with the utilization of coal in the generation of electricity, or process steam which was not in widespread use as of November 15, 1990. "Clean coal technology demonstration project" means a project using funds appropriated under the heading "Department of Energy-Clean Coal Technology", up to a total amount of $2,500,000,000 for commercial demonstration of clean coal technology, or similar projects funded through appropriations for the EPA. Th e Federal contribution for a qualifying project shall be at least 20% of the total cost of the demonstration project.
"Commence" means, as applied to construction of a major stationary source or major modification, that the owner or operator has all necessary preconstruction approvals or permits
and either has: (A) begun, or caused to begin, a continuous program of actual on-site construction of the source, to be completed within a reasonable time; or, (B) entered into binding agreements or contractual obligations, which cannot be
cancelled or modified without substantial lo ss to the owner or operator, to undertake a

### 11 program of actual construction of the source to be completed within a reasonable time.
"Construction" means any physical change or change in the method of operation (including fabrication, erection, installation, demolition, or m odification of an emissions unit) that would result in a change in emissions. "Continuous emissions monitoring system" or "CEMS" means all of the equipment that may be required to meet the data acquisition and availability requirements to sample, condition (if applicable), analyze, and provide a record of emissions on a continuous basis. "Continuous emissions rate monitoring system" or "CERMS" means the total equipment required for the determination and recording of the pollutant mass emissions rate (in terms of mass per unit of time). "Continuous parameter monitoring system" or "CPMS" means all of the equipment necessary to meet the data acquisition and availability requirements to monitor process and control device operational parameters (for example, control device secondary voltages and electric currents) and other information (for example, gas flow rate, O 2 

### , or CO 2 

### concentrations), and to record average operational parameter value(s) on a continuous basis. "Electric utility steam generating unit" or"EUSGU" means any steam electric generating unit that is constructed for the purpose of supplyi ng more than one-third of its potential electric output capacity and more than 25 MW electrical output to any utility power distribution system for sale. Any steam supplied to a steam distri bution system for the purpose of providing steam to a steam-electric generator that would produce el ectrical energy for sale is also considered in determining the electrical energy output capacity of the affected facility.
"Emissions unit" means any part of a stationary s ource that emits or would have the potential to emit any regulated NSR pollutant and includes an EUSGU. There are two types of emissions units as described in paragraphs (A) and (B) of this definition. (A) A new emissions unit is any emissions unit that is (or will be) newly constructed and that has existed for less than 2 years from the date such emissions unit first operated. (B) An existing emissions unit is any emissi ons unit that does not meet the requirements in paragraph (A) of this definition. A replacement unit is an existing emissions unit. "Federal Land Manager" means with respect to any lands in the United States, the Secretary of the department with authority over such lands. "High terrain" means any area having an elevation 900 f eet or more above the base of the
stack of a source. "Innovative control technology" means any system of air pollution control that has not been adequately demonstrated in practice, but would have a substantial likelihood of achieving greater continuous emissions reduction than any control system in current practice or of achieving at least comparable reductions at lowe r cost in terms of energy, economics, or non-air quality environmental impacts.
"Low terrain" means any area other than high terrain. "Major modification" means: (A) Any physical change in or change in the method of operation of a major stationary source that would result in a significant emi ssions increase of a regulated NSR pollutant and a significant net emissions increase of that pollutant from the major stationary source is a major modification. (i) Any significant emissions increase fr om any emissions units or net emissions increase at a major stationary source that is significant for VOC or NO X 

### shall be considered significant for ozone. (ii) A physical change or change in the method of operation shall not include:

### 12 (I) routine maintenance, repair and replacement; (II) use of an alternative fuel or ra w material by reason of any order under sections 2(a) and (b) of the Energy S upply and Environmental Coordination Act of 1974 (or any superseding legislation) or by reason of a natural gas curtailment plan pursuant to the Federal Power Act; (III) use of an alternative fuel by reason of an order or rule under section 125 of the Act; (IV) use of an alternative fuel at a steam generating unit to the extent that the fuel is generated from municipal solid waste; (V) use of an alternative fuel or raw material by a stationary source which the source was capable of accommodating be fore January 6, 1975, (unless such change would be prohibited under any enforceable permit condition which was established after January 6, 1975) or the source is approved to use under any permit issued under 40 CFR 52.21 or OAC 252:100-7 or 252:100-8; (VI) an increase in the hours of operation or in the production rate, unless such change would be prohibited under any federally enforceable permit condition which was established after January 6, 1975; (VII) any change in source ownership; (VIII) the installation, operation, cessation, or removal of a temporary clean coal technology demonstration project, provi ded the project complies with OAC 252:100 and other requirements necessary to attain and maintain the NAAQS during the project and after it is terminated; (IX) the installation or operation of a permanent clean coal technology demonstration project that constitutes re powering, provided that the project does not result in an increase in the potential to emit of any regulated pollutant (on a pollutant-by-pollutant basis) emitted by the unit; or (X) the reactivation of a very clean coal-fired EUSGU. (B) This definition shall not apply with resp ect to a particular regulated NSR pollutant when the major stationary source is co mplying with the requirements under OAC 252:100-8-38 for a PAL for that pollutant. Instead, the definition of "PAL major modification" at 40 CFR 51.166(w)(2)(viii) shall apply. "Major stationary source" means (A) A major stationary source is: (i) any of the following stationary sources of air pollutants which emits, or has the potential to emit, 100 TPY or more of a regulated NSR pollutant: (I) carbon black plants (furnace process), (II) charcoal production plants, (III) chemical process plants, (not in cluding ethanol production facilities that produce ethanol by natural fermentati on included in NAICS codes 325193 or 312140), (IV) coal cleaning plants (with thermal dryers), (V) coke oven batteries, (VI) fossil-fuel boilers (or combinati on thereof) totaling more than 250 million BTU per hour heat input, (VII) fossil fuel-fired steam electric plants of more than 250 million BTU per hour heat input, (VIII) fuel conversion plants,

### 13 (IX) glass fiber processing plants, (X) hydrofluoric, sulfuric or nitric acid plants, (XI) iron and steel mill plants, (XII) kraft pulp mills, (XIII) lime plants, (XIV) municipal incinerators capable of charging more than 50 250 tons of refuse per day, (XV) petroleum refineries, (XVI) petroleum storage and transfer units with a total storage capacity exceeding 300,000 barrels, (XVII) phosphate rock processing plants, (XVIII) portland cement plants, (XIX) primary aluminum ore reduction plants, (XX) primary copper smelters, (XXI) primary lead smelters, (XXII) primary zinc smelters, (XXIII) secondary metal production plants, (XXIV) sintering plants, (XXV) sulfur recovery plants, or (XXVI) taconite ore processing plants; (ii) any other stationary source not on the list in (A)(i) of this definition which emits, or has the potential to emit, 250 TPY or more of a regulated NSR pollutant; (iii) any physical change that would occu r at a stationary source not otherwise qualifying as a major stationary source unde r this definition if the change would constitute a major stationary source by itself. (B) A major source that is major for VOC or NO X 

### shall be considered major for ozone. (C) The fugitive emissions of a stationary source shall not be included in determining for any of the purposes of this Part whethe r it is a major stationary source, unless the source belongs to one of the following categories of stationary sources: (i) the stationary sources listed in (A)(i) of this definition; (ii) any other stationary source cate gory which, as of August 7, 1980, is being regulated under section 111 or 112 of the Act. "Necessary preconstruction approvals or permits" means those permits or approvals required under all applicable air quality control laws and rules.
"Net emissions increase" means: (A) with respect to any regulated NSR po llutant emitted by a major stationary source, the amount by which the sum of the following exceeds zero: (i) the increase in emissions from a par ticular physical change or change in the method of operation at a stationary source as calculated pursuant to OAC 252:100-8-30(b); and, (ii) any other increases and decreases in actual emissions at the major stationary source that are contemporaneous with the particular change and are otherwise
creditable. Baseline actual emissions fo r calculating increases and decreases under (A)(ii) of this definition shall be determined as provided in the definition of "baseline actual emissions", except that (B)(iii) and (C)(iv) of that definition shall not apply. (B) An increase or decrease in actual emi ssions is contemporaneous with the increase from the particular change only if it occurs within 3 years before the date that the

### 14 increase from the particular change occurs. (C) An increase or decrease in actual emissions is creditable only if: (i) it is contemporaneous; and (ii) the Director has not relied on it in issuing a permit for the source under OAC 252:100-8, Part 7, which permit is in effect when the increase in actual emissions from the particular change occurs. (D) An increase or decrease in actual emissions of sulfur dioxide, particulate matter, or nitrogen oxides that occurs before the appli cable minor source baseline date is creditable only if it is required to be considered in calculating the amount of maximum allowable increases remaining available. (E) An increase in actual emissions is credita ble only to the extent that the new level of
actual emissions exceeds the old level. (F) A decrease in actual emissions is credita ble only to the extent that it meets all the conditions in (F)(i) through (iii) of this definition. (i) It is creditable if the old level of actual emissions or the old level of allowable emissions, whichever is lower, exceeds the new level of actual emissions. (ii) It is creditable if it is enforceable as a practical matter at and after the time that actual construction on the particular change begins. (iii) It is creditable if it has approximately the same qualitative significance for public health and welfare as that attributed to the increase from the particular change. (G) An increase that results from a physi cal change at a source occurs when the
emissions unit on which construction occurred becomes operational and begins to emit a particular pollutant. Any replacement unit that requires shakedown becomes operational only after a reasonable shakedown period, not to exceed 180 days. (H) Paragraph (A) of the definition of "act ual emissions" shall not apply for determining
creditable increases and decreases.
"Potential to emit" means the maximum capacity of a st ationary source to emit a pollutant under its physical and operational design. Any phys ical or operational limitation on the capacity of the source to emit a pollutant, including air pollution control equipment and restrictions on hours of operation or on the type or amount of material combusted, stored or processed, shall be treated as part of its design if the limitation or the effect it would have on emissions is enforceable. Secondary emissions do not count in determining the potential to emit of a stationary source. "Predictive emissions monitoring system" or "PEMS" means all of the equipment necessary to monitor process and control device operational parameters (for example, control device secondary voltages and electric currents) a nd other information (for example, gas flow rate, O 2 

### , or CO 2 

### concentrations), and calculate and record the mass emissions rate (for example, lb/hr) on a continuous basis. "Prevention of Significant Deterioration (PSD) program" means a major source preconstruction permit program that has been a pproved by the Administrator and incorporated into the plan to implement the requirement s of 40 CFR 51.166, or the program in 40 CFR 52.21. Any permit issued under such a program is a major NSR permit. "Project" means a physical change in, or change in method of operation of, an existing major stationary source. "Projected actual emissions" means (A) Projected actual emissions means the ma ximum annual rate, in TPY, at which an existing emissions unit is projected to emit a regulated NSR pollutant in any one of the 5

### 15 years (12-month period) following the date the unit resumes regular operation after the project, or in any one of the 10 years fo llowing that date, if the project involves increasing the emissions unit's design capacity or its potential to emit that regulated NSR pollutant, and full utilization of the unit woul d result in a significant emissions increase, or a significant net emissions increase at the major stationary source. (B) In determining the projected actual emi ssions under paragraph (A) of this definition (before beginning actual construction), the ow ner or operator of the major stationary

source: (i) shall consider all relevant inform ation, including but not limited to, historical operational data, the company's own representations, the company's expected business activity and the company's highest projections of business activity, the company's filings with the State or Federal regulatory authorities, and compliance plans under the approved plan; and (ii) shall include fugitive emissions to the extent quantifiable and emissions associated with start-ups, shutdowns, and malfunctions; and (iii) shall exclude, in calculating any increase in emissions that results from the particular project, that portion of the unit' s emissions following the project that an existing unit could have accommodated during the consecutive 24-month period used
to establish the baseline actual emissions and that are also unrelated to the particular project, including any increased utilization due to product demand growth; or, (iv) in lieu of using the method set out in (B)(i) through (iii) of this definition, may elect to use the emissions unit's potential to emit, in TPY. "Reactivation of a very clean coal-fired electric utility steam generating unit" means any physical change or change in the method of operation associated with the commencement of commercial operations by a coal-fired utility unit after a period of discontinued operation where
the unit: (A) has not been in operation for the two-year period prior to the en actment of the Clean Air Act Amendments of 1990, and the emissions fr om such unit continue to be carried in the Department's emissions inventory at the time of enactment; (B) was equipped prior to shutdown with a c ontinuous system of emissions control that achieves a removal efficiency for sulfur dioxide of no less than 85% and a removal efficiency for particulates of no less than 98%; (C) is equipped with low-NO X 

### burners prior to the time of commencement of operations following reactivation; and (D) is otherwise in compliance with the requirements of the Act. "Regulated NSR pollutant" means (A) A regulated NSR pollutant is: (i) any pollutant for which a NAAQS ha s been promulgated and any pollutant identified under (A)(i) of this definition as a constituents or precursors for such pollutants identified by the Administrator (e.g., VOC and NO X 

### are precursors for ozone); constituent or precursor to such pollutant. Precursors identified by the Administrator for purposes of NSR are the following: (I) volatile organic compounds and nitr ogen oxides are precursors to ozone in
all attainment and unclassifiable areas. (II) sulfur dioxide is a precursor to PM 2.5 

### in all attainment and unclassifiable

areas. (III) nitrogen oxides are presumed to be precursors to PM 2.5 

### in all attainment and

### 16 unclassifiable areas, unless the State demonstrates to the EPA Administrator's
satisfaction or EPA demonstrates that em issions of nitrogen oxides from sources in a specific area are not a significant contributor to that area's ambient PM 2.5 

### concentrations. (IV) volatile organic compounds are pr esumed not to be precursors to PM 2.5 

### in any attainment or unclassifiable area, unl ess the State demonstrates to the EPA
Administrator's satisfaction or EPA demonstrates that emissions of volatile organic compounds from sources in a speci fic area are a significant contributor to
that area's ambient PM 2.5 

### concentrations. (ii) any pollutant that is subject to any standard promulgated under section 111 of the Act; (iii) any Class I or II substance subject to a standard promulgated under or established by title VI of the Act; or (iv) any pollutant that otherwise is " subject to regulation" under the Act. as defined in the definition of "subject to regulation" in OAC 252:100-8-31; (v) PM emissions, PM 2.5 

### emissions, and PM 10 

### emissions shall include gaseous emissions from a source or activity which condense to form particulate matter at ambient temperatures. Such condensable particulate matter shall be accounted for in applicability determinations and in establishing emissions limitations for PM, PM 2.5, 

### and PM 10 

### in PSD permits. (B) Regulated NSR pollutant does not include: (i) any or all HAP either listed in section 112 of the Act or added to the list pursuant to section 112(b)(2) of the Act, which have not been delisted pursuant to section 112(b)(3) of the Act, unless the listed HAP is also regulated as a constituent or precursor of a general pollutant listed under section 108 of the Act; or (ii) any pollutant that is regulated under section 112(r) of the Act, provided that such pollutant is not otherwise regulated under the Act. "Replacement unit" means an emissions unit for which all the criteria listed in paragraphs (A) through (D) of this definition are met. No creditable emission reduction shall be generated from shutting down the existing emissions unit that is replaced. (A) The emissions unit is a reconstruc ted unit within the meaning of 40 CFR 60.15(b)(1), or the emissions unit completely takes the place of an existing emissions
unit. (B) The emissions unit is identical to or functionally equivalent to the replaced
emissions unit. (C) The replacement unit does not alter the basic design parameter(s) of the process
unit. (D) The replaced emissions unit is perman ently removed from the major stationary source, otherwise permanently disabled, or permanently barred from operating by a permit that is enforceable as a practical matte r. If the replaced emissions unit is brought back into operation, it shall constitute a new emissions unit. "Repowering" means (A) Repowering shall mean the replacement of an existing coal-fired boiler with one of the following clean coal technologies: atmo spheric or pressurized fluidized bed combustion, integrated gasification combin ed cycle, magnetohydrodynamics, direct and indirect coal-fired turbines, integrated gasi fication fuel cells, or as determined by the Administrator, in consultation with the Secr etary of Energy, a derivative of one or more

### 17 of these technologies, and any other t echnology capable of controlling multiple combustion emissions simultaneously with im proved boiler or generation efficiency and with significantly greater waste reduction relative to the performance of technology in widespread commercial use as of November 15, 1990. (B) Repowering shall also include any oil a nd/or gas-fired unit which has been awarded clean coal technology demonstration funding as of January 1, 1991, by the Department of Energy. (C) The Director shall give expedited c onsideration to permit applications for any source that satisfies the requirements of this definition and is granted an extension under
section 409 of the Act. "Significant" means: (A) In reference to a net emissions increase or the potential of a source to emit any of the following pollutants, significant means a rate of emissions that would equal or exceed any of the following significant emission rates: (i) carbon monoxide: 100TPY, (ii) nitrogen oxides: 40 TPY, (iii) sulfur dioxide: 40 TPY, (iv) particulate matter: 25 TPY of par ticulate matter emissions or 15 TPY of PM

- 10
PM 10 

### emissions, (v) PM 2.5 

### : 10 TPY of direct PM 2.5 

### emissions; 40 TPY of sulfur dioxide emissions; or 40 TPY of nitrogen oxide emissions unl ess demonstrated not to be a PM 2.5 

### precursor under the definition of "regulated NSR pollutant", (v) (vi) ozone: 40 TPY of VOC or NO X 

### , (vi) (vii) lead: 0.6 TPY, (vii) (viii) fluorides: 3 TPY, (viii) (ix) sulfuric acid mist: 7 TPY, (ix) (x) hydrogen sulfide (H 2 

### S): 10 TPY, (x) (xi) total reduced sulfur (including H 2 

### S): 10 TPY, (xi) (xii) reduced sulfur compounds (including H 2 

### S): 10 TPY, (xii) (xiii) municipal waste combustor organics (measured as total tetra-through octa-chlorinated dibenzo-p-dioxins and dibenzofurans): 3.5 x 10 -6 

### TPY, (xiii) (xiv) municipal waste combustor metals (measured as particulate matter): 15 TPY, (xiv) (xv) municipal waste combustor acid gases (measured as sulfur dioxide and hydrogen chloride): 40 TPY, (xv) (xvi) municipal solid waste landfill emissions (measured as nonmethane organic compounds): 50 TPY. (B) Notwithstanding (A) of this definition, "significant" means any Any emissions rate or any net emissions increase associated with a major stationary source or major
modification which would construct within 6 m iles of a Class I area, and have an impact on such area equal to or greater than 1 μg/m 3 

### (24-hour average). "Significant emissions increase" means, for a regulated NSR pollutant, an increase in emissions that is significant for that pollutant. "Significant net emissions increase" means a significant emissions increase and a net
increase. "Stationary source" means any building, structure, fac ility or installation which emits or may emit a regulated NSR pollutant.

### 18 "Subject to regulation" means, for any air pollutant, that the pollutant is subject to either a provision in the federal Clean Air Act, or a na tionally-applicable regulation codified by the EPA Administrator in subchapter C of Chapter I of 40 CFR, that requires actual control of the quantity of emissions of that pollutant, and that such a control requirement has taken effect and is operative to control, limit, or restrict the quan tity of emissions of that pollutant released from the regulated activity. Except that: (A) Greenhouse gases (GHG) shall not be s ubject to regulation except as provided in (D) through (E) of this definition. (B) For purposes of (C) through (E) of this definition, the term TPY CO 2 

### equivalent emissions (CO 2 

### e) shall represent an amount of GHG emitted, and shall be computed as
follows: (i) Multiplying the mass amount of emi ssions (in TPY), for each of the six greenhouse gases in the pollutant GHG, by the gas' associated global warming potential (GWP) published in Table A-1 to subpart A of 40 CFR Part 98 – Global Warming Potentials. (ii) Summing the resultant value from (B )(i) of this definition for each gas to compute a TPY CO 2 

### e. (C) The term emissions increase as used in (D) through (E) of this definition shall mean that both a significant emissions increase (a s calculated using the procedures in OAC 252:100-8-30(b)(1) through (5)) and a significant net emissions increase (as defined in
the definitions of "net emissions increase" and "significant" in 252:100-8-31) occur. For the pollutant GHG, an emissions increase shall be based on TPY CO 2 

### e, and shall be calculated assuming the pollutant GHG is a regul ated NSR pollutant, and "significant" is defined as 75,000 TPY CO 2 

### e and the emissions are otherwise subject to regulation as previously described in this definition. (D) Beginning January 2, 2011, the pollutant GHG is subject to regulation if it meets the other requirements of this definition and if: (i) The stationary source is a new ma jor stationary source for a regulated NSR pollutant that is not GHG, and also will emit or will have the potential to emit 75,000
TPY CO 2 

### e or more; or (ii) The stationary source is an existing major stationary source for a regulated NSR pollutant that is not GHG, and also will ha ve an emissions increase of a regulated NSR pollutant, and an emissions increase of 75,000 TPY CO 2 

### e or more. (E) Beginning July 1, 2011, in addition to the provisions in (D) of this definition, the pollutant GHG shall also be subject to regulation: (i) At a new stationary source that will emit or have the potential to emit 100,000
TPY CO 2 

### e; or (ii) At an existing stationary source that emits or has the potential to emit 100,000
TPY CO 2 

### e, when such stationary source undertak es a physical change or change in the method of operation that will result in an emissions increase of 75,000 TPY CO 2 

### e

or more. (F) If federal legislation or a federal court stays, invalidates, d elays the effective date, or otherwise renders unenforceable by the EPA, in whole or in part, the EPA's tailoring rule (75 FR 31514, June 3, 2010), endangerment finding (74 FR 66496, Dec ember 15, 2009), or light-duty vehicle greenhouse gas emission standard (75 FR 2568 6, May 7, 2010), this definition shall be enforceable only to the extent that it is e nforceable by the EPA. "Temporary clean coal technology demonstration project" means a clean coal

### 19 technology demonstration project that is operate d for a period of 5 years or less, and which complies with the Oklahoma Air Pollution Control Rules in OAC 252:100 and other requirements necessary to attain and/or main tain the NAAQS during and after the project is
terminated.

252:100-8-33. Exemptions (a) Exemptions from the requirements of OAC 252:100-8-34 through 252:100-8-36.2. (1) The requirements of OAC 252:100-8- 34 through 252:100-8-36.2 do not apply to a particular major stationary source or major modification if the source or modification is: (A) a nonprofit health or nonprofit educational institution; or (B) major only if fugitive emissions, to the extent quantifiable, are included in calculating the potential to emit and such sour ce is not one of the categories listed in paragraph (C) of the definition of "Major stationary source"; or (C) a portable stationary source which ha s previously received a permit under the requirements contained in OAC 252:100- 8-34 through 252:100-8-36.2 and proposes to relocate to a temporary new location from whic h its emissions would not impact a Class I area or an area where an applicable increment is known to be violated. (2) The requirements in OAC 252:100-8-34 through 252:100-8-36.2 do not apply to a major stationary source or major modification with resp ect to a particular pollutant if the owner or operator demonstrates that the source or modi fication is located in an area designated as nonattainment for that pollutant under section 107 of the Act. (b) Exemption from air quality impact anal yses in OAC 252:100-8-35(a) and (c) and
252:100-8-35.2. (1) The requirements of OAC 252:100-8- 35(a) and (c) and 252:100-8-35.2 are not applicable with respect to a particular pollutant , if the allowable emissions of that pollutant from a new source, or the net emissions increas e of that pollutant from a modification, would be temporary and impact no Class I area and no area where an applicable increment is known
to be violated. (2) The requirements of OAC 252:100-8-35(a) and (c) and 252:100-8-35.2 as they relate to any PSD increment for a Class II area do not appl y to a modification of a major stationary source that was in existence on March 1, 1978, if the net increase in allowable emissions of each regulated NSR pollutant from the modifica tion after the applicati on of BACT, would be
less than 50 TPY. (c) Exemption from air quality analysis requirements in OAC 252:100-8-35(c). (1) The monitoring requirements of OAC 252:100- 8-35(c) regarding air quality analysis are not applicable for a particular pollutant if the emission increase of the pollutant from a proposed major stationary source or the net emi ssions increase of the pollutant from a major modification would cause, in any area, ai r quality impacts less than the following amounts significant monitoring concentrations (SMC) : (A) Carbon monoxide - 575 μg/m 3 

### , 8-hour average, (B) Nitrogen dioxide - 14 μg/m 3 

### , annual average, (C) PM 2.5 

### - 4 μ g/m 3 

### , 24-hour average, (C) (D) Particulate matter PM 10 

### - 10 μg/m 3



### , TSP or PM

- 10, 24-hour average, (D) (E) Sulfur dioxide -13 μg/m 3 

### , 24-hour average, (E) (F) Ozone - no de minimis air quality leve l is provided for ozone, however any net
increase of 100 TPY or more of VOC or NO X 

### subject to PSD would require an ambient impact analysis, including the gathering of ambient air quality data,

### 20 (F) (G) Lead - 0.1 μg/m 3 

### , 24-hour 3-month average, (G) (H) Fluorides - 0.25 μg/m 3 

### , 24-hour average, (H) (I) Total reduced sulfur - 10 μg/m 3 

### , 1-hour average, (I) (J) Hydrogen sulfide - 0.2 μg/m 3 

### , 1-hour average, or (J) (K) Reduced sulfur compounds - 10μg/m 3 

### , 1-hour average. (2) The monitoring requirements of OAC 252:100-8-35(c) are not applicable for a particular pollutant if the pollutant is not listed in preceding OAC 252:100-8-33(c)(1). (d) Exemption from monitoring requiremen ts in OAC 252:100-8-35(c)(1)(B) and (D). (1) The requirements for air quality mon itoring in OAC 252:100-8-35(c)(1)(B) and (D) shall not apply to a particular source or modi fication that was subject to 40 CFR 52.21 as in effect on June 19, 1978, if a permit applicati on was submitted on or before June 8, 1981, and the Director subsequently determined that the application was complete except for the requirements in OAC 252:100-8-35(c)(1)(B) and (D). Instead, the requirements in 40 CFR 52.21(m)(2) as in effect on June 19, 1978, shall apply to any such source or modification. (2) The requirements for air quality mon itoring in OAC 252:100-8-35(c)(1)(B) and (D) shall not apply to a particular source or modi fication that was not s ubject to 40 CFR 52.21 as in effect on June 19, 1978, if a permit application was submitted on or before June 8, 1981, and the Director subsequently determined th at the application as submitted was complete, except for the requirements in OAC 252:100-8-35(c)(1)(B) and (D). (e) Exemption from the preapplication analys is required by OAC 252:100-8-35(c)(1)(A), (B), and (D). (1) The Director shall determine if the requirements for air quality monitoring of PM

- 10
PM 10 

### in OAC 252:100-8-35(c)(1)(A), (B ), and (D) may be waived for a particular source or modification when an application for a PSD permit was submitted on or before June l, 1988, and the Director subsequently determined th at the application, except for the requirements for monitoring particulate matter under OAC 252:100-8-35(c)(1)(A), (B), and (D), was complete before that date. (2) The requirements for air quality monitoring of PM

- 10 PM 10 

### in OAC 252:100-8-35(c)(1)(B)(i), 252:100-8-35(c)(1)(D), and 252:100-8-35(c)(3) shall apply to a particular source or modification if an appli cation for a permit was submitted after June l, 1988, and no later than December 1, 1988. The data sh all have been gathered over at least the period from February l, 1988, to the date th e application became otherwise complete in accordance with the provisions of OAC 252:100-8- 35(c)(1)(C), except that if the Director determines that a complete and adequate anal ysis can be accomplished with monitoring data over a shorter period (not to be less th an 4 months), the data required by OAC 252:100-8-35(c)(1)(B)(ii) shall have been gathered over that shorter period. (f) Exemption from BACT requirements a nd air quality analyses requirements. If a complete permit application for a source or modification was submitted before August 7, 1980 the requirements for BACT in OAC 252:100-8-34 a nd the requirements for air quality analyses in OAC 252:100-8-35(c)(1) are not applicable to a particular stationary source or modification that was subject to 40 CFR 52.21 as in effect on June 19, 1978. Instead, the federal requirements at 40 CFR 52.21 (j) and (n) as in effect on June 19, 1978, are applicable to any such source or
modification. (g) Exemption from OAC 252:100

- 8

- 35(a)(2) OAC 252:100-8-35(a)(1)(B)

. The permitting requirements of OAC 252:100

- 8

- 35(a)(2) OAC 252:100-8-35(a)(1)(B) do not apply to a stationary source or modification with respect to any PSD increment fo r nitrogen oxides if the owner or operator of the source or modification submitted a complete application for a permit

### 21 before February 8, 1988.

252:100-8-35. Air quality impact evaluation (a) Source impact analysis (impac t on NAAQS and PSD increment). The owner or operator of the prop osed source or modification shall demonstrate that, as of the source's start

- up date,
allowable emissions increase from that source or modification, in conjunction with all other applicable emissions increases or re ductions (including secondary emissions) would not cause or contribute to any increase in ambient concentrations that would exceed: (1) Required demonstration. The owner or operator of the proposed source or modification shall demonstrate that, as of th e source's start-up date, allowable emissions increases from that source or modification, in conjunction with all other applicable emissions increases or reductions (including secondary em issions) would not cause or contribute to any
increase in ambient concentrations that would exceed: (1) (A) any NAAQS in any air quality control region; or (2) (B) the remaining available PSD increment fo r the specified air contaminants in any

area as determined by the Director. (2) Significant impact levels (SILs). For purposes of PM 2.5 

### , the demonstration required in OAC 252:100-8-35(a)(1) is deemed to have been made if the emissions increase from the new stationary source alone or from the modification alone would cause, in all areas, air quality impacts less than the following significant impact levels (SILs). (A) The SILs for PM 2.5 

### annual averaging time are 0.06 μ g/m 3 

### for a Class I Area, 0.3

μ g/m 3 

### for a Class II Area, and 0.3 μ g/m 3 

### for a Class III Area. (B) The SILs for PM 2.5 

### 24-hour averaging time are 0.07 μ g/m 3 

### for a Class I Area, 1.2

μ g/m 3 

### for a Class II Area, and 1.2 μ g/m 3 

### for a Class III Area. (b) Air quality models. (1) All estimates of ambient concentrations required under this Part shall be based on the applicable air quality models, data bases, and other requirements specified in appendix W of 40 CFR 51 (Guideline on Air Quality Models) as it existed on January 2, 2006. (2) Where an air quality model specified in appendix W of 40 CFR 51 (Guideline on Air Quality Models) as it existed on January 2, 2006, is inappropriate, the model may be modified or another model substituted, as approved by the Administrator. Such a modification or substitution of a model may be made on a case-by-case basis or, where appropriate, on a generic basis. Modified or substitute models shall be submitted to the
Administrator with written concurrence of the Director. In addition, use of a modified or substituted model must be subject to no tice and opportunity for public comment under procedures set forth in Sec. 51.102 as it existed on January 2, 2006. (c) Air quality analysis.
1. (1) Preapplication analysis. (A) Ambient air quality analysis. Any application for a permit under this Part shall contain, as the Director determines appropriate , an analysis of ambient air quality in the area that the major stationary source or majo r modification would affect for each of the following pollutants: (i) for a new source, each regulated pollu tant that it would have the potential to emit in a significant amount; (ii) for a major modification, each regulated pollutant for which it would result in a significant net emissions increase. (B) Monitoring requirements.

### 22 (i) Non-NAAQS pollutants. For any such pollutant for which no NAAQS exists, the analysis shall contain such air quality m onitoring data as the Director determines is necessary to assess the ambient air quality for that pollutant in that area. (ii) NAAQS pollutants. For visibility and any pollutant, other than VOC, for which a NAAQS does exist, the analysis shall contain continuous air quality monitoring data gathered to determine if emissions of that pollutant would cause or contribute to a violation of the NAAQS or any PSD increment. (C) Monitoring method. With respect to any requirements for air quality monitoring of

PM

- 10 PM 10 

### under OAC 252:100-8-33(e)(1) and (2), th e owner or operator of the source or modification shall use a monitoring me thod approved by the Director and shall
estimate the ambient concentrations of PM

- 10 PM 10 

### using the data collected by such approved monitoring method in accordance with estimating procedures approved by the
Director. (D) Monitoring period. In general, the required continuous air monitoring data shall have been gathered over a period of up to one year and shall represent the year preceding submission of the application. Ambient mon itoring data gathered over a period shorter than one year (but no less than four months ) or for a time period other than immediately preceding the application may be acceptable if such data are determined by the Director to be within the time period that maximum po llutant concentrations would occur, and to be complete and adequate for determining whether the source or modification will cause or contribute to a violation of any app licable NAAQS or consume more than the remaining available PSD increment. (E) Monitoring period exceptions. (i) Exceptions for applications that became effective between June 8, 1981, and February 9, 1982. For any application which became complete except for the monitoring requirements of OAC 252:100-8-35(c)(1)(B)(ii) and 252:100-8-35(c)(1)(D), between June 8, 1981, and February 9, 1982, the data that 252:100-8-35(c)(1)(B)(ii) requires shall have been gathered over the period from February 9, 1981, to the date the application became otherwise complete, except that: (I) If the source or modification would have been major for that pollutant under 40 CFR 52.21 as in effect on June 19, 1978, a ny monitoring data shall have been gathered over the period required by those regulations. (II) If the Director determines that a co mplete and adequate analysis can be accomplished with monitoring data over a s horter period, not to be less than four months, the data that OAC 252:100-8-35(c)(1)(B)(ii) requires shall have been gathered over that shorter period. (III) If the monitoring data would relate ex clusively to ozone and would not have been required under 40 CFR 52.21 as in e ffect on June 19, 1978, the Director may waive the otherwise applicable require ments of OAC 252:100-8-35(c)(1)(E)(i) to the extent that the applicant shows that the monitoring data would be unrepresentative of air quality over a full year. (ii) Monitoring period exception for PM

- 10 PM 10 

### . For any application that became complete, except for the requireme nts of OAC 252:100-8-35(c)(1)(B)(ii) and 252:100-8-35(c)(1)(D) pertaining to monitoring of PM

- 10 PM 10 

### , after December l, 1988, and no later than August l, 1989, th e data that 252:100-8-35(c)(1)(B)(ii) requires shall have been gathered over at least the period from August l, 1988, to the date the application becomes otherwise complete, except that if the Director

### 23 determines that a complete and adequate analysis can be accomplished with monitoring data over a shorter period (not less than 4 months), the data that 252:100-8-35(c)(1)(B)(ii) requires shall have been gathered over that shorter period. (F) Ozone post-approval monitoring. The owner or operator of a proposed major stationary source or major modification of VOC who satisfies all conditions of OAC 252:100-8-54 and 40 CFR 51, Appendix S, Sec tion IV as it existed on January 16, 1979, may provide post-approval monitoring data for ozone in lieu of providing preconstruction data as required under OAC 252:100-8-35(c)(1). (2) Post-construction monitoring. The owner or operator of a new major stationary source or major modification shall conduct, after construction, such ambient monitoring and visibility monitoring as the Director determines is necessary to determine the effect its emissions may have, or are having, on air quality in any area. (3) Operation of monitoring stations. The operation of monitoring stations for any air quality monitoring required under this Part shall meet the requirements of 40 CFR 58 Appendix B as it existed January 2, 2006.

PART 9. MAJOR SOURCES AFFECTING NONATTAINMENT AREAS

252:100-8-50.1. Incorporation by reference (a) Inclusion of CFR citations and definitions. When a provision of Title 40 of the Code of Federal Regulations (40 CFR) is incorporated by reference, all citations contained therein are also incorporated by reference. (b) Terminology related to 40 CFR. When these terms are used in rules incorporated by reference from 40 CFR, the following terms or definitions shall apply. (1) "Baseline actual emissions" is synonymous with the definition of "baseline actual
emissions" in OAC 252:100-8-31. (2) "Building, structure, facility, or insta llation" is synonymous with the definition of "building, structure, facility, or installation" in OAC 252:100-1-3. (3) "EPA" is synonymous with Department of Environmental Quality (DEQ) unless the context clearly indicates otherwise. (4) "Major modification" is synonymous with the definition of "major modification" in
OAC 252:100-8-51. (5) "Net emissions increase" is synonymous with the definition of "net emissions increase"
in OAC 252:100-8-51. (6) "Regulated NSR pollutant" is synonymous with the definition of "regulated NSR pollutant" in OAC 252:100-8-51. (6) (7) "Reviewing authority" is synonymous with "Director". (7) (8) "Secondary emissions" is synonymous with the definition of "secondary emissions"
in OAC 252:100-8-1.1. (8) (9) "State implementation plan" is synonymous with OAC 252:100. (9) (10) "Volatile organic compound (VOC)" is synonymous with the definition of "volatile organic compound" or "VOC" in OAC 252:100-1-3.

252:100-8-51. Definitions The definitions in 40 CFR 51.165(a)(1) are hereby incorporated by reference as they exist on July 2, 2007 July 1, 2010 , except for the definitions found at 40 CFR 51.165(a)(1)(xxxv) "baseline actual emissions"; (ii) "building, structur e, facility, or installation"; (xlv) "fixed capital

### 24 cost"; (xliv) "functionally equivalent component"; (v) "major modification"; (vi) "net emissions increase"; (xliii) "process unit"; (xxxvii) "regulated NSR pollutant"; (xxxviii) "reviewing authority"; (viii) "secondary emissions"; (xlvi) "total capital investment"; and (xix) "volatile organic compound (VOC)". With the exception of "reviewing authority", "fixed capital cost", "functionally equivalent component", "process unit", and "total capital investment", these terms are defined in OAC 252:100-8-31, 252:100-8-51, or 252:100-1-3. The following words and terms, when used in this Part, shall have the following meaning, unless the context clearly
indicates otherwise. "Major modification" means: (A) Any physical change in, or change in the method of operation of, a major stationary source that would result in a significant emi ssions increase of a regulated NSR pollutant and a significant net emissions increase of that pollutant from the major stationary source is a major modification. (i) Any significant emissions increase fr om any emissions unit or net emissions increase at a major stationary source that is significant for VOC and/or oxides of nitrogen (NO X 

### ) shall be considered significant for ozone. (ii) A physical change or change in the method of operation shall not include: (I) routine maintenance, repair and replacement; (II) use of an alternative fuel or ra w material by reason of any order under sections 2(a) and (b) of the Energy S upply and Environmental Coordination Act of 1974 (or any superseding legislation) or by reason of a natural gas curtailment plan pursuant to the Federal Power Act; (III) use of an alternative fuel by reason of an order or rule under section 125 of the Act; (IV) use of an alternative fuel at a steam generating unit to the extent that the fuel is generated from municipal solid waste; (V) use of an alternative fuel or raw material by a source which the source was capable of accommodating before December 21, 1976, unless such change would be prohibited under any federally enforceable permit condition which was established after December 21, 1976, or th e source is approved to use under any permit issued under 40 CFR 52.21 or OAC 252:100-7 or 8; (VI) an increase in the hours of operation or in the production rate unless such change would be prohibited under any federally enforceable permit condition which was established after December 21, 1976; (VII) any change in source ownership; (VIII) the installation, operation, cessation, or removal of a temporary clean coal technology demonstration project, provided that the project complies with OAC 252:100 and other requirements necessary to attain and maintain the NAAQS during the project and after it is terminated. (B) This definition shall not apply with resp ect to a particular regulated NSR pollutant when the major stationary source is co mplying with the requirements under OAC 252:100-8-56 for a PAL for that pollutant . Instead the definition at 40 CFR 51.165(f)(2)(viii) shall apply. (C) For the purpose of applying the re quirements of OAC 252:100-8-54.1(a) to modifications at major stationary sources of NO X 

### located in ozone nonattainment areas or in ozone transport regions (as defined in 42 U.S.C. § 7511c), whether or not subject to subpart 2, part D, title I of the Act, a ny significant net emissions increase of NO X 

### is

### 25 considered significant for ozone. (D) Any physical change in, or change in th e method of operation of, a major stationary source of VOCs that results in any increase in emissions of VOCs from any discrete operation, emissions unit, or other pollutant emitting activity at the source shall be considered a significant net emissions increas e and a major modification for ozone, if the major stationary source is located in an extr eme ozone nonattainment area that is subject to subpart 2, part D, title I of the Act.
"Net emissions increase" means: (A) With respect to any regulated NSR po llutant emitted by a major stationary source,
net emissions increase shall mean the amount by which the sum of the following exceeds

zero: (i) the increase in emissions from a par ticular physical change or change in the method of operation at a stationary source as calculated pursuant to OAC 252:100-8-50(b); and, (ii) any other increases and decreases in actual emissions at the major stationary source that are contemporaneous with the particular change and
are otherwise creditable. Baseline actual emissions for calculating increases and decreases under (A)(ii) of this definition shall be determined as provided in the definition of "baseline actual emissions", except that (B)(iii) and (C)(iv) of that definition shall not apply. (B) An increase or decrease in actual emi ssions is contemporaneous with the increase from the particular change only if it occurs within 3 years before the date that the increase from the particular change occurs. (C) An increase or decrease in actual emissions is creditable only if: (i) it is contemporaneous; and (ii) the Director has not relied on it in issuing a permit under OAC 252:100-8, Part 9, which permit is in effect when the increas e in actual emissions from the particular change occurs. (D) An increase in actual emissions is credita ble only to the extent that the new level of
actual emissions exceeds the old level. (E) A decrease in actual emissions is creditable only to the extent that: (i) the old level of actual emissions or the old level of allowable emissions, whichever is lower, exceeds the new level of actual emissions; (ii) it is enforceable as a practical matter at and after the time that actual construction on the particular change begins; (iii) the Director has not relied on it in issuing any permit under OAC 252:100; and, (iv) it has approximately the same qualitative significance for public health and welfare as that attributed to the increase from the particular change. (F) An increase that results from a physical change at a source occurs when the
emission unit on which construction occurred becomes operational and begins to emit a particular pollutant. Any replacement unit that requires shakedown becomes operational after a reasonable shakedown period, not to exceed 180 days. (G) Paragraph 40 CFR 51.165(a)(1)(xii)(B) of th e definition of "actual emissions" shall not apply for determining creditable increases and decreases or after a change. "Regulated NSR pollutant" for purposes of this Part, means any or all of the following: (A) Nitrogen oxides or volatile organic compounds; (B) Any pollutant for which a NAAQS has been promulgated; (C) Any pollutant that is identified under this paragraph as a constituent or precursor of

### 26 a general pollutant listed under paragraph (A) or (B) of this definition, provided that such constituent or precursor pollutant may only be regulated under NSR as part of regulation of the general pollutant. Precursors identif ied by the Administrator for purposes of NSR are the following: (i) Volatile organic compounds and nitroge n oxides are precursors to ozone in all
ozone nonattainment areas. (ii) Sulfur dioxide is a precursor to PM 2.5 

### in all PM 2.5 

### nonattainment areas. (iii) Nitrogen oxides are presumed to be precursors to PM 2.5 

### in all PM 2.5 

### nonattainment areas, unless the State demonstrates to the Administrator's satisfaction or EPA demonstrates that emissions of nitrogen oxides from sources in a specific area are not a significant contributor to that area's ambient PM 2.5 

### concentrations. (iv) Volatile organic compounds and ammonia are presumed not to be precursors to

PM 2.5 

### in any PM 2.5 

### nonattainment area, unless the State demonstrates to the
Administrator's satisfaction or EPA demonstr ates that emissions of volatile organic compounds or ammonia from sources in a speci fic area are a significant contributor to
that area's ambient PM 2.5 

### concentrations, or (D) PM 2.5 

### emissions and PM 10 

### emissions, including gaseous em issions from a source or activity which condense to form particulate matter at ambient temperatures. Such condensable particulate matter shall be accounted for in applicability determinations and in establishing emissions limitations for PM 2.5 

### and PM 10 

### in nonattainment major NSR permits.

252:100-8-51.1. Emissions reductions and offsets (a) The requirements in 40 CFR 51.165(a)(3) rega rding emissions reductions and offsets are hereby incorporated by reference as they exist on July 2, 2007. (b) Meeting the emissions offset requirements in subsection OAC 252:100

- 8

- 51.1(a) for ozone

nonatt ainment areas that are subject to subpart 2, part D, title I of the Act shall be in accordance with the requirements in 40 CFR 51.165(a)(9) which is hereby incorporated by reference as it exists on July 2, 2007. The requirements in subsection 40 CF R 51.165(a) (9) dealing with offset ratios are hereby incorporated by reference as they exist on July 1, 2010. (c) The requirements in 40 CFR 51.165(a)(11) regarding emission offsets are hereby incorporated by reference as they exist on July 1, 2010.

252:100-8-52. Applicability determination for so urces in attainment areas causing or contributing to NAAQS violation (a) The requirements in 40 CFR 51.165(b) regard ing a source located in an attainment or unclassifiable area but causing or contributing to a NAAQS violation are hereby incorporated by reference as they exist on July 2, 2007 July 1, 2011

. (b) Sources of VOC located outside a designated ozone nonattainment area will be presumed to have no significant impact on the designated nonatta inment area. If ambient monitoring indicates
that the area of source location is in fact nonattainment, then the source may be granted its permit since the area has not yet been designated nonattainment. (c) Sources locating in an attainment area but impacting on a nonattainment area above the significant levels listed in OAC 252:100-8-52(a) are exempted from the condition of OAC 252:100-8-54(4)(A). (d) The determination whether a source or modi fication will cause or contribute to a violation of an applicable ambient air quality standard for sulfur dioxide, particulate matter or carbon

### 27 monoxide will be made on a case-by-case basis as of the proposed new source's start-up date by an atmospheric simulation model. For sources of nitrogen oxides the model can be used for an initial determination assuming all the nitric oxide emitted is oxidized to nitrogen dioxide by the time the plume reaches ground level, and the initial concentration estimates will be adjusted if adequate data are available to account for the expected oxidation rate. (e) The determination as to whether a source would cause or contribute to a violation of applicable ambient air quality standards will be made on a case-by-case basis as of the new source's start-up date. Therefore, if a designated nonattainment area is projected to be attainment as part of the state implementation plan contro l strategy by the new source start-up date, offsets would not be required if the new sour ce would not cause a new violation.

### 1 **SUMMARY OF COMMENTS AND STAFF RESPONSES**

**FOR PROPOSED REVISION TO SUBCHAPTER 1, GENERAL PROVISIONS; SUBCHAPTER 3,** AIR QUALITY

STANDARDS AND INCREMENTS; SUBCHAPTER 7, PERMITS FOR MINOR FACILITIES; AND SUBCHAPTER 8, PERMITS FOR PART 70 SOURCES

COMMENTS RECEIVED PRIOR TO AND AT THE OCTOBER 27, 2010 AIR QUALITY ADVISO RY COUNCIL MEETING

Written Comments

The Air Permitting Foru m (APF or the Forum) - E-mail received on October 25, 2010 from
Shannon S. Broome

1. COMMENT: Regarding greenhouse gas (GHG) revi sions to Subchapter 8, the Forum recommended that DEQ include in the defin itions of "subject to regulation" in OAC 252:100-8-2 and 252:100-8-31 an "expiration" or "sunsetting" of the provisions regulating GHG under the PSD and Title V progr ams, in light of the current litigation challenging EPA's decision to regulate GHG under the federal Clean Air Act.

RESPONSE: Staff feels that the problem pointed out by the Forum is already resolved by the introductory language to the definitions of "subject to regulation." As a result if a court was to invalidate for any reason the underlying applicable regulation that makes GHG regulated, then GHG would automatically not be contained in the definition of subject to regulation. However, to make the rule very clear on the matter, we have added "rescission" or "sunsetting" language to th e definitions of "subject to regulation" in
OAC 252:100-8-2 and 252:100-8-31 to stre ss that the State's GHG permitting requirements will not exceed those of EPA.

2. COMMENT: Regarding GHG revisions to Subchapter 8, the Forum also stated that Oklahoma's (and EPA’s) definition of the term "regulated NSR pollutant" in OAC 252:100-8-31 includes not only "any pollutant that otherwise is 'subject to regulation' under the Act" but also "any pollutant for which a NAAQS has been promulgated" and "any pollutant that is subject to any standa rd promulgated under section 111 of the Act." EPA has received petitions to issue a NAAQS fo r GHGs, and EPA is also in the process of adopting NSPS for certain source categor ies under section 111 that would regulate GHGs. The "subject to regulation" qualifier, how ever, is not part of the "regulated NSR pollutant" definition for NAAQS and NSPS, which means that if EPA proceeds to issue a NAAQS or NSPS covering GHGs, the thresholds in the "subject to regulation" definition would no longer apply. One way to address th is problem would be for the Department to limit subsections (A)(i) [for NAAQS] and (A )(ii) [for NSPS] of its definition of regulated NSR pollutant not to include GHGs above the thresholds specified in the "subject to regulation" definition. Th is could be accomplished by adding a new subsection (B)(iii) to the definition that w ould state "regulated NSR pollutant does not
include

 (iii) GHGs emitted below the thresholds in Subparagraphs (C) through (E) in the definition of the term 'subject to regulati on' in this section." This approach would give Oklahoma time to address any regula tion of GHGs under the NSPS or NAAQS rules

### 2 if EPA proceeds with such rulemakings.

RESPONSE: Staff will give further consideration to this comment before the permanent rulemaking is proposed in January 2011. RESPONSE UPDATED JANUARY 4, 2011: Staff agrees that there appears to be some ambiguity in the definition of "regulated NSR pollutant." The federal and proposed State definitions are substantively the same. By definition any pollutant that is subject to any standard promulgated under section 111 of the federal Clean Air Act is a "regulated NSR pollutant." The definition of "regulated NSR pollutant" also references the definition of "subject to regulation," which st ates that GHG is subj ect to regulation only if GHG emissions from a source exceed the PSD GHG applicability thresholds of 75,000 tpy CO 2 

### e for modifications or 100,000 tpy CO 2 

### e for new sources. It is unclear which definition would take precedence if an NSPS fo r GHG is promulgated. However, this is a national problem and Staff prefers to allow EPA the opportunity to clarify the relationship between "regulated NSR polluta nt" and "subject to regulation." EPA has announced their intention to propose NSPS and emission guidelines for GHG emissions from electric generating units and refineries in 2011 and to finalize these standards in 2012. This gives the Department time to addr ess the problem, if it is not resolved by EPA, before any NSPS for GHG becomes effective.

EPA Region 6 - Fax received on October 26, 2010 from Jeff Robinson, Chief, Air Permits
Section
3. COMMENT: Mr. Robinson expressed support of the proposed emergency rule revisions to Subchapters 1, 7, and 8 rela ting to GHG emissions and encouraged the Department to expeditiously adopt the re visions as proposed to implement the GHG tailoring rule provisions by January 2, 2011.

OIPA (Oklahoma Independent Petroleum A ssociation) and MOGA (Mid-Continent Oil and Gas Association of Oklahoma) - E-mail received on Oc tober 26, 2010 from Angie Burckhalter, V.P. Regulatory Affairs, OI PA and Michael Bernard, President, MOGA

4. COMMENT: OIPA and MOGA expressed concern that if the GHG requirements are vacated or delayed at the federal level, it would appear that the proposed revisions to Subchapter 8 would still require regulated entities in Oklahoma to comply with DEQ's GHG requirements. This would place Oklahom a in an economic disadvantage to other states that may not have GHG rules in place or that have language in place to address such a situation. OIPA and MOGA recommend that DEQ include language in the rules
that would address this issue.

RESPONSE: Staff does not believe this is the case, but to make the rule very clear on the matter, “rescission” or “sunsetting” language has been added to the definitions of “subject to regulation” in OAC 252:100-8-2 and 252:100-8-31 to stress that the State's GHG permitting requirements will not exceed those of EPA.

5. COMMENT: OIPA and MOGA pointed out that the State of Texas raised some significant questions regarding state's right as it relates to an expedited GHG rule

### 3 implementation in relation to the SIP revi sion process under the CAA Section 166(a), the normal SIP revisions procedures under Secti on 110, and EPA's authority to impose a FIP on GHG without finding that a state has faile d to make a required submission. They suggested that DEQ carefully consider th ese issues before moving forward with GHG regulations.

RESPONSE: Staff is aware of the Texas letter a nd awaits EPA's response to it with interest. However, staff feels it is in th e best interest of the GHG emitting sources in Oklahoma to provide the protections afforded by the GHG tailoring rule in the event that EPA prevails. This proposed revision is an emergency rule and as such is temporary and will not become part of the State's SIP. The hearing on the permanent rulemaking regarding GHG was continued at the Oct ober 27, 2010 Council meeting until the January 2011 Council meeting. Staff hopes that by th at time some of the issues surrounding GHG permitting will be resolved. Staff w ill amend the current proposed GHG rule revisions as appropriate prior to that meeting.

6. COMMENT: OIPA and MOGA recommended that OAC 252:100-7-2.1, relating to minor permits for GHG emitting facilities, be m odified by the addition of "but are not
limited to" in the last sentence so that it r eads: "Physical or operational limitations may include, but are not limited to, air pollution c ontrol equipment, restrictions on hours of operation, and/or restrictions on the type or amount of material combusted, stored, or processed."

RESPONSE: Staff agrees with this request and the suggested language has been added
to the rule.

Oral Comments

Steve Mason, DEQ Board Member comment ed at the October 27, 2010 Air Quality Advisory Council meeting.

7. COMMENT: Mr. Mason asked why a permanent ru le was not linked to the proposed GHG emergency revisions to Subchapter 8. Mr. Mason also stated that the Board could consider an emergency rule without a permanent rule submitted at the same time.

RESPONSE: A permanent rule is being proposed separately, however, the Department requested that the Council continue the hear ing on the permanent rule proposal to its January 2011 Council meeting. This will allow the inclusion of EPA’s PM 2.5 

### PSD implementation requirements in the same proposal. In October, EPA promulgated the last part of its PM 2.5 

### rules so these recent changes could not be included in the proposed rule for the October 2010 Council meeting. Because the GHG modification and the

PM 2.5 

### modification change the same secti on ( OAC 252:100-8-31) and even the same definition (“Regulated NSR Pollutant”), the GHG, and PM 2.5 

### modifications must be processed together or the PM 2.5 

### modification could be delayed by a year.

8. COMMENT: Mr. Mason stated that Texas sent a letter to EPA refusing to promulgate

### 4 GHG rules and questioning EPA's authority to regulate GHG under the federal Clean Air
Act. Mr. Mason wondered if Texas was just not going to promulgate GHG rules and asked if Oklahoma has that opportunity also.

RESPONSE: It is our understanding that Texas is taking the position that EPA does not have the authority to regulate GHG and intends to litigate the issue. After looking at a lot of different scenarios, Staff felt that DEQ owes it to the regulated community to provide some clarity on GHG permitting and to have an avenue for them to continue to obtain necessary permits from DEQ instead of EP A. The GHG tailoring rule does not require that sources obtain PSD or Part 70 permits. That is required by other existing federal and State rules and regulations and will automatically occur when GHG becomes a pollutant subject to regulation on January 2, 2011. The GHG tailoring rule exempts a large number of smaller GHG sources from th e requirement to obtain PSD and Part 70 permits by raising the applicability thresholds for GHG in the PSD and Part 70 programs. The proposed emergency rule change to S ubchapter 8 includes a rescission provision to address subsequent legislative or judicial actions on GHG and to ensure that the State's GHG permitting requirements will not exceed those of EPA.

Angie Burckhalter, V.P. Regulatory Affairs, OIPA commented at the October 27, 2010 Air Quality Advisory Council meeting.

9. COMMENT: Ms. Burckhalter repeated the request she made in the October 26, 2010
e-mail from OIPA and MOGA. She asked th at the last sentence in new Section OAC
252:100-7-2.1 be revised to include "but are not limited to." The sentence would read: "Physical or operational limitations may in clude, but are not limited to, air pollution control equipment, restrictions on hours of ope ration, and/or restrictions on the type or amount of material combusted, stored, or processed.

RESPONSE: The requested change has been made to 252:100-7-2.1.

Grover Campbell with Chesapeake Energy co mmented at the October 27, 2010 Air Quality Advisory Council meeting.

10. COMMENT: Mr. Campbell stated that one of the reasons to add the language suggested by Ms. Burckhalter is that energy effici ency will be one of the main BACT requirements for GHG emissions.

### Comments of the Air Permitting Forum on Proposed Changes to Oklahoma’s Prevention of Significant Deterior ation and Part 70 Regulations to Implement EPA’s Greenhouse Gas Tailoring Rule

The Oklahoma Department of Environmental Quality (DEQ) has prepared a rulemaking proposal to address the U.S. EPA’s decision to regulate greenhouse gases (GHGs) from stationary sources under the Pr evention of Significant Deterioration (PSD) construction permit program and the Title V (Part 70) operating permit program. These proposed changes would incorporate EPA’s Tailoring Rule provisions that raise the major source threshold to 100,000 tons per year (tpy) carbon dioxide equivalents (CO2e) and the PSD significance level to 75,000 tpy CO2e. In addition, DEQ proposes to clarify that GHGs are not regulated under the minor new source review permitting provisions in the state unless a source voluntarily wish es to accept a limit on its GHG emissions.

The Air Permitting Forum (APF or Forum) is a trade association that focuses on implementation of Clean Air Act permitting and other environmental requirements. Forum members operate facilities in Okla homa and therefore are affected by the proposed regulations.

The Forum appreciates that DEQ is trying to ensure that facilities in Oklahoma will not become subject to permitting at a ma jor source level of 100 tpy or 250 tpy and
that modifications will not be subject to a 0 tpy si gnificance level. At the same time, we believe that DEQ could interpret its regulati ons such that only criteria pollutants can trigger PSD although pollutants “subject to re gulation” would be su bject to the best available control technology re quirement. Since DEQ has indi cated however that it is interpreting its rules to allow GHGs to trigger PSD, it w ould also be appropriate for DEQ to include in its rules a an “expiration” or “sunsetting” of the provisions regulating GHGs under the PSD and Title V program in light of the current litigation challenging EPA’s decisions to regulate greenhouse ga ses under the Clean Air Act.

As DEQ is surely aware, US EPA has taken several actions that have led to the federal Tailoring Rule estab lishing the 100,000 ton per year CO2e threshold for major sources under PSD and Title V and the 75,000 ton per year significance level. Each of these actions is being challenged in the U.S. Court of Appeals for the D.C. Circuit. These challenges raise several issues, most importa nt of which for this proposed rule are
whether GHGs are intended to be within th e term “subject to regulation” and whether GHGs can trigger the requirement to obta in a PSD permit when EPA has not even established a NAAQS for GHGs. The validity of EPA’s actions will be judged by the courts over the course of the next year . In addition, on September 15, 2010, a motion to stay the stationary source effects of the GHG rules was also filed seeking to prevent the triggering of PSD and Title V until EPA’s au thority can be addressed by the courts.

In light of these pending actions, it is im portant that the stat e’s adoption of the EPA Tailoring Rule thresholds not put it in a position where the federal government is not implementing the tailoring rule but DEQ is for ced to follow its own regulations applying those thresholds and regulating gr eenhouse gases under the stationary source

### programs. We recommend, therefore, th at the DEQ include a provision in the regulations directly that conditions the app lication of PSD and Title V to stationary
sources within the state on the continued validi ty of the provisions at the federal level. For example, the following language could be included at the end of the “subject to regulation” definition to ensure that the st ate is not implementing PSD or Title V for
GHGs in such a case:

The provisions of this rule establish specified thresholds for determining if a source is major and if an increase in emissions is significant under these
rules. The determination that these rules require s ources to obtain a permit for GHG emissions is contingent on the continued implementation of the
federal determination that GHG emissi ons can trigger the requirement to obtain a permit under Part C of Title I or under Title V of the federal Clean Air Act. If a court stays or otherwise invalidates applicability of
Part C of Title I or Title V to stationary sources of GHGs, these regulations shall not operat e to require stationary source permits for such sources beyond the extent to which the court validates and authorizes implementation of the federal rules.

This provision (or a provision like it) is espe cially important to the extent that EPA acts on a proposed state implementation plan or part 70 program revision. Under General Motors Company v. U.S ., 496 U.S. 530 (1990), and a new case U.S. v. Cinergy, Nos. 09/3344, 09-3350, 09-3351, Slip Op. (7 th 

### Cir. Oct. 12, 2010), even if a state revises its regulations, unless the EPA has actually acted to approve the SIP re vision, the existing SIP regulations are enforceable. This is why EPA has stated its commitment to act quickly on these tailoring rule SIP revisions. If EPA does approve th ese state rules into the SIP quickly, however, and EPA’s rules are later determined to have inappropriately imposed PSD and Title V on stationary source s of GHGs, sources in this state will be forced to comply with these rules until the state adopts a revision and EPA approves that revision. Given the current SIP backlog and EPA’s desire to regulate GHGs under the Clean Air Act, it is likely that EPA action on SIP revisions to eliminate GHG regulation will take much longer than its revisions to ensure GHGs will be regulated. By including a sunsetting provision in the regulation itself , EPA’s initial action to approve regulating GHGs under this state’s SIP will be self-limiting.

Such a provision will place Oklahoma in the same position as a state that is delegated for PSD and is therefore implementing the federal rules. Moreover, it will prevent any later claims that eliminating GHGs from regulation under PSD in this state might constitute backsliding. Finally, we note that several other states are looking at similar provisions and Colorado adopted one last week. The Colorado provision that was adopted states:

If there is a change in federal law or the District of Columbia Circuit Court of Appeals or the United States Suprem e Court directs or issues an order,
which limits or renders ineffective the regulation of GHG emissions at stationary sources under the New Source Review Pr evention of Significant

### Deterioration (PSD) or Title V pr ovisions of the Federal Act, the regulation of GHG emissions under th e corresponding programs in this Regulation Number 3 shall be limited or rendered ineffective to the same

extent.

We strongly encourage the Depart ment to ensure that if th e federal application of PSD and/or Title V to GHGs is stay ed or otherwise abated, the DEQ’s rules will automatically
be limited in the same manner.

Finally, we want to raise an issue that should be considered for the permanent rulemaking to the extent it cannot be addre ssed now. Oklahoma’s (and EPA’s) definition of the term “regulated NSR pollutant” includes not only “any pollutant that otherwise is ‘subject to regulation’ under the Act” but also “any pollutant fo r which a NAAQS has been promulgated” and “any pollutant that is subject to any standa rd promulgated under
section 111 of the Act.” EPA has receive d petitions to issue a NAAQS for GHGs and EPA is also in the process of adopting NSPS standards for certain source categories under Section 111 that would regulate GHGs. The “s ubject to regulation” qualifier however is not a part of the “regulated NSR polluta nt” definition for NAA QS and NSPS, which means that if EPA proceeds to issue a NAA QS or NSPS covering GHGs, the thresholds in the “subject to regulation” definition would no longer appl y. One way to address this problem would be for the Department to limit subsections (A)(i) [for NAAQS] and (A)(ii) [for NSPS] of its definition of regulat ed NSR pollutant not to include GHGs above the thresholds specified in the “subject to regulation” definiti on. This could be accomplished by adding a new subsection (B)(iii ) to the definition that would state “regulated NSR pollutant does not include ... (iii) GHGs emitte d below the thresholds in Subparagraphs (C) through (E) in the definition of the term ‘subject to regulation’ in this section.” This approach would give Okla homa time to address any regulation of GHGs under the NSPS or NAAQS rules if EPA proceeds with such rulemakings.

The Forum appreciates the opportunity to submit these comments and requests that any questions be directed to Sha nnon Broome, Executive Director, Air Permitting
Forum at 510-985-1710 or sbroome@pacbell.net

.

## Permanent Final Adoptions

TITLE 252. DEPARTMENT OF ENVIRONMENTAL QUALITY CHAPTER 100. AIR POLLUTION CONTROL

[OAR Docket #12-445]

RULEMAKING ACTION: PERMANENT final adoption RULES: Subchapter 8. Permits for Part 70 Sources a n d M a j o r N e w S o u r c e R e v i e w ( N S R ) S o u r c e s Part 5. Permits for Part 70 Sources 252:100-8-2. [AMENDED] 252:100-8-4. [AMENDED] Part 7. Prevention of Significant Deter ioration (PSD) Requirements for
Attainment Areas 252:100-8-31. [AMENDED] 252:100-8-33. [AMENDED] Part 9. Major Sources Affecting Nonattainment Areas 252:100-8-51.1. [AMENDED] AUTHORITY: Environmental Quality Board; 27A O.S. §§2-2-101 and 2-2-201; and Oklahoma Clean Air Act, 27A O.S. §§2-5-101 et seq. DATES: Comment period: September 1, 2011 through October 5, 2011 Public hearings: October 5, 2011 Adoption: November 15, 2011 Submitted to Governor: November 21, 2011 Submitted to House: November 21, 2011 Submitted to Senate: November 21, 2011 Gubernatorial approval: December 21, 2011 Legislative approval: Failure of the Legislature to disapprove the rules resulted in approval on March 29, 2012 Final adoption: March 29, 2012
Effective: July 1, 2012 SUPERSEDED EMERGENCY ACTIONS:
N/A INCORPORATIONS BY REFERENCE: Incorporated standards as they existed on July 1, 2010: 40 CFR 51.165(a)(11) Incorporating rules: 252:100-8-51.1(c) Availability: The standards are on file at the Department of Environmental Quality, 707 North Robinson, Oklahoma City, Oklahoma, 73102, and are available to the public for examination Monday through Friday between the hours of 8:00 a.m. and 4:30 p.m. excluding state holidays. ANALYSIS: The Department is proposing to modify Subchapter 8 to include the Environmental Protection Agency's (EPA's) recent changes to the Prevention of Significant Deterioration (PSD) and Part 70 programs regarding permitting of carbon dioxide (CO 2 ) emissions from certain biomass sources. EPA has deferred for a period of three (3) years the application of the PSD and Part 70 permitting requirements to these biogenic CO 2 emissions from bioenergy and other biogenic stationary sources. The Department proposes to modify the definitions of "subject to regulation" in OAC 252:100-8-2 and 252:100-8-31 to accomplish this deferral. The proposed modification to Parts 5 and 7 of Subchapter 8 will prevent the State rule from being perceived to be more stringent than the corresponding federal rule. The Department is proposing to revise OAC 252:100-8-4(a)(1) to clarify that construction permits for new and modified Part 70 sources shall be obtained under the requirements of Part 5 of 252:100-8 and not 252:100-7, Permits for Minor Facilities. In addition, a change is proposed to 252:100-8-4(b), which would set a schedule for timely application submittal for sources that become subject to the Part 70 operating permit program without any physical or operational change or any increase in emissions of air pollutants subject to regulation.
Due to errors in the Oklahoma Register (28 OK Reg 1179) published June 15, 2011, the Department is proposing a series of corrections to Subchapter 8. The corrections are in paragraph (B) of the definition of "subject to regulation" in 252:100-8-2 and in paragraph (B)(i) of the definition of "subject to regulation"in 252:100-8-31 where dashes were erroneously converted to the letter "B"; in the definitions of "baseline area" and "significant"
in 252:100-8-31 where " μ g/m 3 " was erroneously converted to "Fg/m 3 "; in 252:100-8-33(c)(1) where a number of occurrences of " μ g/m 3 " were erroneously converted to "Fg/m 3 "; and in 252:100-8-51.1(c) where the date of incorporation by reference was July 1, 2011 when it should have been July 1,
2010. The Department proposes to make other nonsubstantive changes in the sections of the rule that are being revised, including changing the name of Subchapter 8 to "Permits for Part 70 Sources and Major New Source Review (NSR) Sources." CONTACT PERSON: Cheryl Bradley, Department of Environmental Quality, Air Quality Division, 707 North Robinson, P.O. Box 1677, Oklahoma City, Oklahoma 73101-1677, (405) 702-4100.

PURSUANT TO THE ACTIONS DESCRIBED HEREIN,
THE FOLLOWING RULES ARE CONSIDERED FINALLY ADOPTED AS SET FORTH IN 75 O.S., SECTION 308.1(A), WITH AN EFFECTIVE DATE OF JULY 1, 2012:



### SUBCHAPTER 8. PERMITS FOR PART 70 SOURCES A N D M A J O R N E W S O U R C E R E V I E W ( N S R ) S O U R C E S

PART 5. PERMITS FOR PART 70 SOURCES

252:100-8-2. Definitions The following words and terms, when used in this Part, shall have the following meaning, unless the context clearly indicates otherwise. Except as specifically provided in this Section, terms used in this Part retain the meaning accorded them under the applicable requirements of the Act. "Administratively complete" means an application that provides: (A) All information required under OAC 252:100-8-5(c), (d), or (e); (B) A landowner affidavit as required by OAC 252:4-7-13(b); (C) The appropriate application fees as required by OAC 252:100-8-1.7; and(D) Certification by the responsible official as required by OAC 252:100-8-5(f).
"Affected source" means the same as the meaning given to it in the regulations promulgated under Title IV (acid rain)
of the Act.
"Affected states" means: (A) all states: (i) That are one of the following contiguous states: Arkansas, Colorado, Kansas, Missouri, New Mexico and Texas, and

May 15, 2012 

### 605 Oklahoma Register (Volume 29, Number 17)

## Permanent Final Adoptions

(ii) That in the judgment of the DEQ may be directly affected by emissions from the facility seeking the permit, permit modification, or permit renewal being proposed; or(B) all states that are within 50 miles of the permitted source.
"Affected unit" means the same as the meaning given to it in the regulations promulgated under Title IV (acid rain) of the
Act. "Applicable requirement" means all of the following as they apply to emissions units in a Part 70 source subject to this Chapter (including requirements that have been promulgated or approved by EPA through rulemaking at the time of issuance but have future effective compliance dates): (A) Any standard or other requirements provided for in the applicable implementation plan approved or promulgated by EPA through rulemaking under Title I of the Act that implements the relevant requirementsof the Act, including any revisions to that plan promulgated in 40 CFR Part 52; (B) Any term or condition of any preconstruction permits issued pursuant to regulations approved orpromulgated through rulemaking under Title I, including parts C or D, of the Act;(C) Any standard or other requirement under section 111 of the Act, including section 111(d);(D) Any standard or other requirement under section 112 of the Act, including any requirement concerning accident prevention under section 112(r)(7) of the Act, but not including the contents of any risk management plan required under 112(r) of the Act; (E) Any standard or other requirement of the acidrain program under Title IV of the Act or the regulations promulgated thereunder;(F) Any requirements established pursuant to section 504(b) or section 114(a)(3) of the Act; (G) Any standard or other requirement governing solid waste incineration, under section 129 of the Act;(H) Any standard or other requirement for consumer and commercial products, under section 183(e) of the Act;(I) Any standard or other requirement for tank vessels, under section 183(f) of the Act;(J) Any standard or other requirement of the regulations promulgated to protect stratospheric ozone under Title VI of the Act, unless the Administrator has determined that such requirements need not be contained in a Title V permit; and (K) Any national ambient air quality standard or increment or visibility requirement under part C ofTitle I of the Act, but only as it would apply to temporary sources permitted pursuant to section 504(e) of
the Act. "Begin actual construction" means for purposes of this Part, that the owner or operator has begun the construction or installation of the emitting equipment on a pad or in the final location at the facility. "Designated representative" means with respect to affected units, a responsible person or official authorized by the owner or operator of a unit to represent the owner or operator in matters pertaining to the holding, transfer, or disposition of allowances allocated to a unit, and the submission of and compliance with permits, permit applications, and compliance plans for the unit. "Draft permit" means the version of a permit for which the DEQ offers public participation under 27A O.S.§§ 2-14-101 through 2-14-401 and OAC 252:4-7 or affected
State review under OAC 252:100-8-8. "Emergency" means, when used in OAC 252:100-8- 6(a)(3)(C)(iii)(I) and (e), any situation arising from sudden and reasonably unforeseeable events beyond the control of the source, including acts of God, which situation requires immediate corrective action to restore normal operation, and that causes the source to exceed a technology-based emission limitation under the permit, due to unavoidable increases in emissions attributable to the emergency. An emergency shall not include noncompliance to the extent caused by improperly designed equipment, lack of preventive maintenance, careless or improper operation, or operator error. "Emissions allowable under the permit" means a federally enforceable permit term or condition determined at issuance to be required by an applicable requirement thatestablishes an emissions limit (including a work practice standard) or a federally enforceable emissions cap that the source has assumed to avoid an applicable requirement to which the source would otherwise be subject.
"Emissions unit" means any part or activity of a stationary source that emits or has the potential to emit any regulated air pollutant or any pollutant listed under section 112(b) of the Act. Fugitive emissions from valves, flanges, etc. associated with a specific unit process shall be identified with that specific
emission unit. This term is not meant to alter or affect the definition of the term "unit" for purposes of Title IV of the Act. "Final permit" means the version of a part 70 permit issued by the DEQ that has completed all review procedures required by OAC 252:100-8-7 through 252:100-8-7.5 and
OAC 252:100-8-8. "Fugitive emissions" means those emissions of regulated air pollutants which could not reasonably pass through a stack, chimney, vent, or other functionally-equivalent opening. "General permit" means a part 70 permit that meets the requirements of OAC 252:100-8-6.1. "Insignificant activities" means individual emissions units that are either on the list approved by the Administrator and contained in Appendix I, or whose actual calendar year
emiss i ons do not exceed any of the limits in (A) and (B) of this definition. Any activity to which a State or federal applicable requirement applies is not insignificant even if it meets the criteria below or is included on the insignificant activities list.(A) 5 tons per year (TPY) of any one criteria pollutant.(B) 2 tons per year for any one hazardous air pollutant (HAP) or 5 tons per year for an aggregate of two or more HAPs, or 20 percent of any threshold less

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### 606 May 15, 2012

## Permanent Final Adoptions

than 10 tons per year for single HAP that the EPA may establish by rule.
"MACT" means maximum achievable control technology. "Major source" means any stationary source (or any group of stationary sources that are located on one or morecontiguous or adjacent properties and are under common control of the same person (or persons under common control))belonging to a single major industrial grouping and that is described in subparagraph (A), (B), or (C) of this definition. For the purposes of defining "major source," a stationary source or group of stationary sources shall be considered part of a single industrial grouping if all of the pollutant emitting activities at such source or group of sources on contiguous or adjacent properties belong to the same Major Group (i.e., all have the same two-digit primary SIC code) as described in the Standard Industrial Classification Manual, 1987. (A) A major source under section 112 of the Act,
which is defined as: (i) For pollutants other than radionuclides, any stationary source or group of stationary sources located within a contiguous area andunder common control that emits or has the potential to emit, in the aggregate, 10 TPY or more of any hazardous air pollutant which has been listed pursuant to section 112(b) of the Act, 25 TPY or more of any combination of such hazardous airpollutants, or such lesser quantity as the Administrator may establish by rule. Notwithstanding the preceding sentence, emissions from any oil or gas exploration or production well (with its associatedequipment) and emissions from any pipeline compressor or pump station shall not be aggregated with emissions from other similar units, whether or not such units are in a contiguous area or under common control, to determine whether such units or stations are major sources; or. (ii) For radionuclides, "major source" shall have the meaning specified by the Administrator by rule. (B) A major stationary source of air pollutants, as defined in section 302 of the Act, that directly emits or has the potential to emit, 100 TPY or more of any air pollutant (except gross particulate matter) subject to regulation (including any major source of fugitive emissions of any such pollutant, as determined by rule by the Administrator). The fugitive emissionsof a stationary source shall not be considered in determining whether it is a major stationary source for the purposes of section 302(j) of the Act, unless the source belongs to one of the following categories of stationary sources: (i) Coal cleaning plants (with thermal dryers); (ii) Kraft pulp mills; (iii) Portland cement plants; (iv) rimary zinc smelters; (v) Iron and steel mills; (vi) Primary aluminum ore reduction plants; (vii) Primary copper smelters; (viii) Municipal incinerators capable of charging more than 250 tons of refuse per day; (ix) Hydrofluoric, sulfuric, or nitric acid plants; (x) Petroleum refineries; (xi) Lime plants; (xii) Phosphate rock processing plants; (xiii) Coke oven batteries; (xiv) Sulfur recovery plants; (xv) Carbon black plants (furnace process); (xvi) Primary lead smelters; (xvii) Fuel conversion plants; (xviii) Sintering plants; (xix) Secondary metal production plants; (xx) Chemical process plants (not including ethanol production facilities that produce ethanol by natural fermentation included in NAICS codes 325193 or 312140); (xxi) Fossil-fuel boilers (or combination thereof) totaling more than 250 million British thermal units per hour heat input; (xxii) Petroleum storage and transfer units with a total storage capacity exceeding 300,000 barrels; (xxiii) Taconite ore processing plants; (xxiv) Glass fiber processing plants; (xxv) Charcoal production plants; (xxvi) Fossil-fuel-fired steam electric plants of more than 250 million British thermal units per hour heat input; or (xxvii) All other stationary source categories which, as of August 7, 1980, are being regulated by a standard promulgated under section 111 or
112 of the Act. (C) A major stationary source as defined in part D of Title I of the Act, including: (i) For ozone non-attainment areas, sources with the potential to emit 100 TPY or more of volatile organic compounds or oxides of nitrogen in areas classified as "marginal" or "moderate," 50 TPY or more in areas classified as "serious," 25 TPY or more in areas classified as "severe," and 10 TPY or more in areas classified as "extreme"; except that the references in this paragraph to 100, 50, 25, and 10 TPY of nitrogen oxides shall not apply with respect to any source for which the Administrator has made a finding, under section 182(f)(1) or (2) of the Act, that requirements under section 182(f) of the Act do not apply; (ii) For ozone transport regions established pursuant to section 184 of the Act, sources with the potential to emit 50 TPY or more of volatile organic compounds;(iii) For carbon monoxide non-attainment areas: (I) that are classified as "serious"; and (II) in which stationary sources contribute significantly to carbon monoxide levels as

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determined under rules issued by the Administrator, sources with the potential to emit 50 TPY or more of carbon monoxide; and (iv) For particulate matter (PM 10 ) non-attainment areas classified as "serious," sources with the potential to emit 70 TPY or more of PM 10
. "Maximum capacity" means the quantity of air contaminants that theoretically could be emitted by a stationary source without control devices based on the design capacity or maximum production capacity of the source and 8,760 hours of operation per year. In determining the maximum theoretical emissions of VOCs for a source, the design capacity or maximum production capacity shall include the use of raw materials, coatings and inks with the highest VOC content used in practice by the source.
"Permit" means (unless the context suggests otherwise) any permit or group of permits covering a Part 70 source that is issued, renewed, amended, or revised pursuant to this Chapter.
"Permit modification" means a revision to a Part 70 construction or operating permit that meets the requirements of OAC 252:100-8-7.2(b). "Permit program costs" means all reasonable (direct andindirect) costs required to develop and administer a permit program, as set forth in OAC 252:100-5-2.2 (whether such costs are incurred by the DEQ or other State or local agencies that do not issue permits directly, but that support permit issuance or administration).
"Permit revision" means any permit modification or administrative permit amendment.
"Potential to emit" means the maximum capacity of a stationary source to emit any air pollutant under its physical and operational design. Any physical or operational limitation on the capacity of a source to emit an air pollutant, including air pollution control equipment and restrictions on hours of operation or on the type or amount of material combusted, stored, or processed, shall be treated as part of its design if the limitation is enforceable by the Administrator. This term does not alter or affect the use of this term for any other purposes under the Act, or the term "capacity factor" as used in Title IV of the Act or the regulations promulgated thereunder. "Proposed permit" means the version of a permit that the DEQ proposes to issue and forwards to the Administrator for review in compliance with OAC 252:100-8-8. "Regulated air pollutant" means the following:(A) Nitrogen oxides or any volatile organic compound (VOC), including those substances defined in OAC 252:100-1-3, 252:100-37-2, and 252:100-39-2,except those specifically excluded in the EPA definition of VOC in 40 CFR 51.100(s); (B) Any pollutant for which a national ambient air quality standard has been promulgated; (C) Any pollutant that is subject to any standard promulgated under section 111 of the Act; (D) Any Class I or II ozone-depleting substancesubject to a standard promulgated under or established by Title VI of the Act; (E) Any pollutant subject to a standard promulgated under section 112 or other requirements established under section 112 of the Act (HazardousAir Pollutants), including sections 112(g) (Modifications), (j) (Equivalent Emission Limitation by Permit, and (r) (Prevention of Accidental Releases), including the following: (i) any pollutant subject to the requirementsunder section 112(j) of the Act. If the Administrator fails to promulgate a standard by the date established pursuant to section 112(e) of the Act(Schedule for Standards and Review), any pollutant for which a subject source would be major shall be considered to be regulated as to that source on the date 18 months after the applicable date established pursuant to section 112(e) of the Act; and, (ii) any pollutant for which the requirements of section 112(g)(2) of the Act have been met, but only with respect to the individual source subject to the section 112(g)(2) requirement; or (F) Any other substance for which an air emission limitation or equipment standard is set by an existing permit or regulation.
"Renewal" means the process by which a permit is reissued at the end of its term. "Section 502(b)(10) changes" means changes that contravene an express permit term. Such changes do not includechanges that would violate applicable requirements or contravene federally enforceable permit terms and conditions that are monitoring (including test methods), recordkeeping, reporting, or compliance certification requirements.
"Small unit" means a fossil fuel fired combustion device which serves a generator with a name plate capacity of 25 MWe
or less. "State-only requirement" means any standard or requirement pursuant to Oklahoma Clean Air Act (27A O.S.§§ 2-5-101 through 2-5-118, as amended) that is not contained in the State Implementation Plan (SIP). "State program" means a program approved by the
Administrator under 40 CFR Part 70. "Stationary source" means any building, structure, facility, or installation that emits or may emit any regulated air pollutant or any pollutant listed under section 112(b) of the Act as it existed on January 2, 2006. "Subject to regulation" means, for any air pollutant, that the pollutant is subject to either a provision in the federal Clean Air Act, or a nationally-applicable regulation codified by the EPA Administrator in subchapter C of Chapter I of 40 CFR, that requires actual control of the quantity of emissions of that pollutant, and that such a control requirement has taken effect and is operative to control, limit, or restrict the quantity of emissions of that pollutant released from the regulated activity. Except that: (A ) Greenhouse gases (GHG) shall not be subject to regulation unless, as of July 1, 2011, the GHGemissions are at a stationary source emitting or having the potential to emit 100,000 TPY CO 2 equivalent

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emissions (CO 2 e) and are otherwise subject to regulation as previously described in this definition. (B) The term TPY CO 2 equivalent emissions (CO 2 e) shall represent an amount of GHG emitted, and shall be computed by multiplying the mass amount of emissions (TPY), for each of the six greenhouse gases in the pollutant GHG, by the gas'associated global warming potential (GWP) published in Table A-1 to subpart A of 40 CFR Part 98

B

- Global Warming Potentials, and summing the resultant value for each to compute a TPY CO 2 e. F o r
p u r p o s e s o f t h i s d e f i n i t i o n , p r i o r t o J u l y 2 1

, 2 0 1 4

, t h e m a s s o f t h e g r e e n h o u s e g a s c a r b o n d i o x i d e s h a l l

n o t i n c l u d e c a r b o n d i o x i d e e m i s s i o n s r e s u l t i n g f r o m
t h e c o m b u s t i o n o r d e c o m p o s i t i o n o f n o n

- f o s s i l i z e d

a n d b i o d e g r a d a b l e o r g a n i c m a t e r i a l o r i g i n a t i n g f r o m p l a n t s , a n i m a l s , o r m i c r o

- o r g a n i s m s ( i n c l u d i n g
p r o d u c t s , b y

- p r o d u c t s , r e s i d u e s a n d w a s t e f r o m a g r i

c u l t u r e , f o r e s t r y a n d r e l a t e d i n d u s t r i e s , a s w e l l a s t h e

n o n

- f o s s i l i z e d a n d b i o d e g r a d a b l e o r g a n i c f r a c t i o n s

o f i n d u s t r i a l a n d m u n i c i p a l w a s t e s , i n c l u d i n g g a s e s

a n d l i q u i d s r e c o v e r e d f r o m t h e d e c o m p o s i t i o n o f

n o n

- f o s s i l i z e d a n d b i o d e g r a d a b l e o r g a n i c m a t e r i a l )

. (C) If federal legislation or a federal court stays, invalidates, delays the effective date, or otherwise renders unenforceable by the EPA, in whole or in part, the EPA's tailoring rule (75 FR 31514, June 3, 2010), endangerment finding (74 FR 66496, December 15, 2009), or light-duty vehicle greenhouse gas emission standard (75 FR 25686, May 7, 2010), this definitionshall be enforceable only to the extent that it is enforceable by the EPA.
"Trivial activities" means any individual or combination of air emissions units that are considered inconsequential and are on a list approved by the Administrator and contained in Appendix J.
"Unit" means, for purposes of Title IV, a fossil fuel-fired
combustion device.

252:100-8-4. Requirements for construction and operating permits (a) Construction permits. (1) Construction permit required. No person shall begin actual construction or installation of any new source that will require a Part 70 operating permit without first obtaining a DEQ-issued air quality construction permit

u n d e r P a r t 5 o f O A C 2 5 2 : 1 0 0

- 8 . A construction permit is also required prior to reconstruction of a major affected source under 40 CFR Part 63, reconstruction of a majorsource if it would then become a major affected source under 40 CFR 63, or for any physical change that would be a significant modification under OAC 252:100-8-7.2(b)(2). In addition to the requirements of this Part, sources subject to Part 7 or Part 9 of this Subchapter must also meet the applicable requirements contained therein. (2) Requirement for case-by-case MACT determinations. (A) Applicability. The requirement for case-by-case MACT determinations apply to any owner or operator who constructs or reconstructs a major source of hazardous air pollutants after June 29, 1998, unless the source has been specifically regulated or exempted from regulation under a subpart of 40 CFR Part 63, or the owner or operator has received all necessary air quality permits for such construction or reconstruction before June 29,
1998. (B) Exclusions. The following sources are not subject to this subsection.(i) Electric utility steam generating units unless and until these units are added to the source category list. (ii) Stationary sources that are within a source category that has been deleted from the source category list.(iii) Research and development activities as defined in 40 CFR ' 63.41. (C) MACT determinations. If subject to thissubsection, an owner or operator may not begin actual construction or reconstruction of a major source of HAP until obtaining from the DEQ an approved
MACT determination in accordance with the following regulations: 40 CFR 63.41, 40 CFR 63.43 and 40CFR 63.44, which are hereby incorporated by reference as they exist on July 1, 2000. (b) Operating permits. (1) Operating permits required. Except as provided in subparagraphs (A) and (B) of this s e c t i o n p a r a g r a p h , no Part 70 source subject to this Chapter may operate after the time that it is required to file a timely application with the DEQ, except in compliance with a DEQ-issued permit. (A) If the owner or operator of a source subject to the requirement to obtain a Part 70 permit submits a timely application for Part 70 permit issuance or renewal, that source's failure to have a Part 70 permit shall not be a violation of the requirement to have such a permit until the DEQ takes final action on the application. This protection shall cease to apply ifthe applicant fails to submit, by the deadline specified in writing by the DEQ or OAC 252:100-8-4, any additional information identified as being reasonably required to process the application. (B) If the owner or operator of a source subject to this Subchapter files a timely application that the DEQ determines to be administratively incomplete due tothe applicant's failure to timely provide additional information requested by the DEQ, the applicant loses the protection granted under paragraph (A) of this Section. The source's failure to have a Part 70 permit shall be deemed a violation of this Subchapter. (C) Filing an operating permit application shall notaffect the requirement, if any, that a source have a construction permit. (2) Duty to apply. For each Part 70 source, the owner or operator shall submit a timely and complete permit application on forms supplied by the DEQ in accordance
with this section.

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(3) Timely application. Sources that are subject to the operating permit program established by this Chapter as of March 6, 1996, shall file applications on the following schedules outlined in OAC 252:100-8-4(b)(4). A timely application is one that is postmarked on or before the
relevant date listed b e l o w i n O A C 2 5 2 : 1 0 0

- 8

- 4 ( b ) . In the event a major source consists of operations under multiple SIC codes, the primary activity shall form the basis for the initial permit application. (4) Application submittal schedule. The following sources are subject to the operating permit program and shall submit initial permit applications according to the following schedule. (A) No later than September 5, 1996:(i) Affected sources under the acid rain provisions of the Act shall submit a permit applicationfor at least the affected units at the site. Regardless of the effective date of the program and the requirement to file an application defined in this section, applications for initial Phase II acid rain permits shall be submitted to the DEQ no later than January 1, 1996, for sulfur dioxide, and by January 1, 1998, for nitrogen oxides, pursuant to the Act, §407. (ii) Any owner or operator shall submit no less than one-third of their total applications for Part70 sources located at sources classified by the following Source Standard Industrial ClassificationCodes and which belong to a single major industrial grouping other than 28 (Chemicals and allied products) or 29 (Petroleum refining and related industries): (I) Petroleum and Natural Gas, 1311; (II) Natural Gas Liquids, 1321; (III) Electric Services, 4911, 4961; (IV) Natural Gas Transmission, 4922;(V) Natural Gas Transmission and Distribution, 4923; and(VI) Petroleum Bulk Stations and Terminals, 5171. (B) All remaining Part 70 sources identified in (b)(4)(A)(ii) of this Subsection shall be subject to the operating permit program and shall submit initial permit applications no later than March 5, 1997. (C) No later than March 5, 1997, any owner or operator shall submit their applications for Part 70 sources located at sources classified by the following
Standard Industrial Classification Codes: (i) Metals, 3312, 3315, 3321, 3341, 3351, 3411, 3412, 3432, 3466, (ii) Brick Plants, 3251, 3297, (iii) Commercial Printing, 2752, 2761.(D) No later than July 5, 1998, any owner or operator shall submit their applications for Part 70 sourceslocated at sources classified by the following Standard Industrial Classification Codes: (i) Refineries, 2911; (ii) Cement Plants, 3241; (iii) Chemical/Carbon, 2819, 2821, 2851, 2861, 2869, 2891, 2895, 2899, 2999, 3053, 3086, 3089;(iv) Petroleum Transportation/Terminals/Storage, 4612, 4613; (v) Food Products, 2013, 2074, 2095. (E) All remaining Part 70 sources shall be subjectto the operating permit program and shall submit initial permit applications no later than March 6, 1999. (5) Newly regulated sources. A source that becomes subject to the P a r t 7 0 operating permit program e s t a b

l i s h e d b y t h i s C h a p t e r at any time f o l l o w i n g t h e e f f e c t i v e d a t e o n o r a f t e r M a r c h 6

, 1 9 9 6

, shall file an administratively complete operating permit application w i t h i n 1 8 0
d a y s o f c o m m e n c e m e n t o f o p e r a t i o n i n a c c o r d a n c e w i t h

t h e f o l l o w i n g s c h e d u l e

. ( A ) A n e w s o u r c e s h a l l f i l e a n a d m i n i s t r a t i v e l y

c o m p l e t e o p e r a t i n g p e r m i t a p p l i c a t i o n w i t h i n 1 8 0
d a y s o f c o m m e n c e m e n t o f o p e r a t i o n

. ( B ) A n e x i s t i n g s o u r c e t h a t b e c o m e s s u b j e c t t o t h e P a r t 7 0 o p e r a t i n g p e r m i t p r o g r a m d u e t o m o d i f i c a t i o n

s h a l l f i l e a n a d m i n i s t r a t i v e l y c o m p l e t e o p e r a t i n g p e r

m i t a p p l i c a t i o n w i t h i n 1 8 0 d a y s o f c o m m e n c e m e n t o f

o p e r a t i o n o f t h e m o d i f i c a t i o n

. ( C ) A n e x i s t i n g s o u r c e t h a t b e c o m e s s u b j e c t t o t h e P a r t 7 0 o p e r a t i n g p e r m i t p r o g r a m w i t h o u t u n d e r g o

i n g p h y s i c a l o r o p e r a t i o n a l c h a n g e s r e s u l t i n g i n a n i n

c r e a s e i n t h e e m i s s i o n o f a n y a i r p o l l u t a n t s u b j e c t t o

r e g u l a t i o n s h a l l f i l e a n a d m i n i s t r a t i v e l y c o m p l e t e o p

e r a t i n g p e r m i t a p p l i c a t i o n w i t h i n 1 2 m o n t h s a f t e r t h e d a t e t h e s o u r c e f i r s t b e c o m e s s u b j e c t t o t h e P a r t 7 0

o p e r a t i n g p e r m i t p r o g r a m

. (6) Application acceptability. Notwithstanding the deadlines established in paragraph (4) of this subsection, an application filed prior to the above deadlines following submission of the state program to EPA for approval shall be accepted for processing. (7) 112(g) applications. A source that is required to meet the requirements under section 112(g) of the Act, or to have a permit under a preconstruction review program under Title I of such Act, shall file an application to obtain an operating permit or permit amendment or modification within twelve months of commencing operation. Where an existing Part 70 operating permit would prohibit such construction or change in operation, the source mustobtain a construction permit before commencing construction. (8) Application for renewal. Sources subject to thisChapter shall file an application for renewal of an operating permit at least 180 days before the date of permit expiration, unless a longer period (not to exceed 540 days) is specified in the permit. Renewal periods greater than 180 days are subject to negotiation on a case-by-case
basis. (9) Phase II acid rain permits. Sources required to submit applications under the Acid Rain Program shall submit these applications as required by 40 CFR 72.30(b)(2)(i) through (viii).

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(10) Application completeness. See EnvironmentalPermit Process, OAC 252:4-7-7 and the definition of "administratively complete" in OAC 252:100-8-2.



### PART 7. PREVENTION OF SIGNIFICANT DETERIORATION (PSD) REQUIREMENTS FOR ATTAINMENT AREAS

252:100-8-31. Definitions The following words and terms when used in this Part shall have the following meaning, unless the context clearly
indicates otherwise. All terms used in this Part that are not defined in this Section shall have the meaning given to them in OAC 252:100-1-3, 252:100-8-1.1, or in the Oklahoma Clean
Air Act.
"Actual emissions" means the actual rate of emissionsof a regulated NSR pollutant from an emissions unit, as determined in accordance with paragraphs (A) through (C) of thisdefinition, except that this definition shall not apply for calculating whether a significant emissions increase has occurred, or for establishing a PAL under OAC 252:100-8-38. Instead, the definitions of "projected actual emissions" and "baseline actual emissions" shall apply for those purposes. (A) In general, actual emissions as of a particular date shall equal the average rate in TPY at which theunit actually emitted the pollutant during a consecutive 24-month period which precedes the particular date and which is representative of normal sourceoperation. The Director shall allow the use of a different time period upon a determination that it is more representative of normal source operation. Actual emissions shall be calculated using the unit's actualoperating hours, production rates, and types of materials processed, stored, or combusted during the selected time period. (B) The Director may presume that source-specific allowable emissions for the unit are equivalent to the
actual emissions of the unit. (C) For any emissions unit that has not begunnormal operations on the particular date, actual emissions shall equal the potential to emit of the unit on
that date.
"Allowable emissions" means the emission rate of a stationary source calculated using the maximum rated capacity of the source (unless the source is subject to enforceable limits which restrict the operating rate, or hours of operation, or both) and the most stringent of the following: (A) the applicable standards as set forth in 40 CFR Parts 60 and 61; (B) the applicable State rule allowable emissions;

or, (C) the emissions rate specified as an enforceable permit condition.
"Baseline actual emissions" means the rate of emissions,in TPY, of a regulated NSR pollutant, as determined in accordance with paragraphs (A) through (E) of this definition. (A) The baseline actual emissions shall be based on current emissions data and the unit's utilization during the period chosen. Current emission data means the
most current and accurate emission factors available
and could include emissions used in the source's latest permit or permit application, the most recent CEMdata, stack test data, manufacturer's data, mass balance, engineering calculations, and other emission
factors.(B) For any existing electric utility steam generating unit (EUSGU), baseline actual emissions means the average rate, in TPY, at which the unit actually emitted the pollutant during any consecutive 24-month period selected by the owner or operator within the 5-year period immediately preceding the date that a complete permit application is received by the Director for a permit required under OAC
252:100-8. The Director shall allow the use of a different time period upon a determination that it is more representative of normal source operation. (i) The average rate shall include fugitive emissions to the extent quantifiable, and emissionsassociated with start-ups, shutdowns, and malfunctions.(ii) The average rate shall be adjusted downward to exclude any noncompliant emissions that occurred while the source was operating above an emission limitation that was legally enforceable during the consecutive 24-month period. (iii) For a regulated NSR pollutant, when a project involves multiple emissions units, only one consecutive 24-month period shall be used to
determine the baseline actual emissions for all the emissions units affected by the project. A different consecutive 24-month period can be used for each regulated NSR pollutant. (iv) The average rate shall not be based on any consecutive 24-month period for which there is inadequate information for determining annual emissions, in TPY, and for adjusting this amount if required by (B)(ii) of this definition. (C) For an existing emissions unit (other than an EUSGU), baseline actual emissions means theaverage rate in TPY, at which the emissions unit actually emitted the pollutant during any consecutive 24-month period selected by the owner or operator within the 10-year period immediately preceding either the date the owner or operator begins actual construction of the project, or the date a complete permit application is received by the Director for a permit required either under this Part or under a plan approved by the Administrator, whichever is earlier, except that the 10 year period shall not include any period earlier than November 15, 1990. (i) The average rate shall include fugitive emissions to the extent quantifiable, and emissionsassociated with startups, shutdowns, and malfunctions.

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(ii) The average rate shall be adjusted downward to exclude any noncompliant emissions that occurred while the source was operating above an emission limitation that was legally enforceable during the consecutive 24-month period.(iii) The average rate shall be adjusted downward to exclude any emissions that would have
exceeded an emission limitation with which the major stationary source must currently comply, had such major stationary source been required tocomply with such limitations during the consecutive 24-month period. However, if an emission limitation is part of a MACT standard that the Administrator proposed or promulgated under 40 CFR 63, the baseline actual emissions need onlybe adjusted if DEQ has taken credit for such emissions reduction in an attainment demonstration or maintenance plan consistent with requirements of 40 CFR 51.165(a)(3)(ii)(G). (iv) For a regulated NSR pollutant, when a project involves multiple emissions units, only one consecutive 24-month period must be used
to determine the baseline actual emissions for theemissions units being changed. A different consecutive 24-month period can be used for each regulated NSR pollutant. (v) The average rate shall not be based on any consecutive 24-month period for which there is inadequate information for determining annual emissions, in TPY, and for adjusting this amount if required by (C)(ii) and (iii) of this definition. (D) For a new emissions unit, the baseline actual emissions for purposes of determining the emissions
increase that will result from the initial construction and operation of such unit shall equal zero; and thereafter, for all other purposes, shall equal the unit's potential to emit. (E) For a PAL for a stationary source, the baselineactual emissions shall be calculated for existing EUSGU in accordance with the procedures contained in paragraph (B) of this definition, for other existing emissions units in accordance with the procedures contained in Paragraph (C) of this definition, and for a new emissions unit in accordance with the procedures contained in paragraph (D) of this definition.
"Baseline area" means any intrastate areas (and every part thereof) designated as attainment or unclassifiable under section 107(d)(1)(A)(ii) or (iii) of the Act in which the major source or major modification establishing the minor sourcebaseline date would construct or would have an air quality impact for the pollutant for which the baseline date is established, as follows: Equal to or greater than 1 F g / m 3 μ g / m 3 (annual average) for SO 2 , NO 2 , or PM 10 ; or equal or greater than 0.3
F g / m 3 μ g / m 3 (annual average) for PM 2.5

.(A) Area redesignations under section107(d)(1)(A)(ii) or (iii) of the Act cannot intersect or be smaller than the area of impact of any major stationary source or major modification which: (i) establishes a minor source baseline date; or (ii) is subject to 40 CFR 52.21 or OAC 252:100-8, Part 7, and would be constructed inthe same State as the State proposing the redesignation. (B) Any baseline area established originally for the TSP increments shall remain in effect and shall apply for purposes of determining the amount of available
PM 10 increments, except that such baseline area shall
not remain in effect if the Director rescinds the corresponding minor source baseline date in accordance with paragraph (D) of the definition of "baseline
date".
"Baseline concentration" means that ambient concentration level that exists in the baseline area at the time of the applicable minor source baseline date. (A) A baseline concentration is determined for each pollutant for which a minor source baseline date
is established and shall include: (i) the actual emissions representative of sources in existence on the applicable minor source baseline date, except as provided in (B) of
this definition.(ii) the allowable emissions of major stationary sources that commenced construction before the major source baseline date, but were not in operation by the applicable minor source baseline
date.(B) The following will not be included in the baseline concentration and will affect the applicable maximum allowable increase(s): (i) actual emissions from any major stationary
source on which construction commenced after the major source baseline date; and, (ii) actual emissions increases and decreases at any stationary source occurring after the minor
source baseline date.
"Baseline date" means: (A) Major source baseline date means: (i) in the case of PM 10 and sulfur dioxide, January 6, 1975; (ii) in the case of nitrogen dioxide, February 8, 1988; and (iii) in the case of PM 2.5 , October 20, 2010. (B) Minor source baseline date means the earliestdate after the trigger date on which a major stationary source or major modification (subject to 40 CFR 52.21 or OAC 252:100-8, Part 7) submits a complete application. The trigger date is: (i) in the case of PM 10 and sulfur dioxide, August 7, 1977; (ii) in the case of nitrogen dioxide, February 8, 1988; and (iii) in the case of PM 2.5 , October 20, 2011. (C) The baseline date is established for each pollutant for which increments or other equivalent
measures have been established if:

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(i) the area in which the proposed source or modification would construct is designated
as attainment or unclassifiable under section 107(d)(1)(A)(ii) or (iii) of the Act for the pollutant on the date of its complete application under 40 CFR 52.21 or under OAC 252:100-8, Part 7; and (ii) in the case of a major stationary source, the pollutant would be emitted in significant amounts, or, in the case of a major modification, there wouldbe a significant net emissions increase of the pollutant. (D) Any minor source baseline date established originally for the TSP increments shall remain in effect and shall apply for purposes of determining the
amount of available PM 10 increments, except that the Director may rescind any such minor source baseline date where it can be shown, to the satisfaction of the Director, that the emissions increase from the major stationary source, or the net emissions increase from the major modification, responsible for triggering that date did not result in a significant amount of PM 10 emissions. "Begin actual construction" means in general, initiation of physical on-site construction activities on an emissions unit which are of a permanent nature. (A) Such activities include, but are not limited to, installation of building supports and foundations, laying of underground pipework, and construction of
permanent storage structures.(B) With respect to a change in method of operation this term refers to those on-site activities, other than preparatory activities, which mark the initiation of the change. "Best available control technology" or "BACT" meansan emissions limitation (including a visible emissions standard) based on the maximum degree of reduction for eachregulated NSR pollutant which would be emitted from any proposed major stationary source or major modification which the Director, on a case-by-case basis, taking into account energy,environmental, and economic impacts and other costs, determines is achievable for such source or modification through application of production processes or available methods, systems, and techniques, including fuel cleaning or treatment or innovative fuel combination techniques for control of such pollutant. In no event shall application of BACT result in emissions of any pollutant which would exceed the emissions allowed by any applicable standard under 40 CFR parts 60 and 61. If the Director determines that technological or economic limitations on the application o f measurement methodology to a particular emissions unit would make the imposition of an emissions standard infeasible, a design, equipment, work practice, operational standard or combination thereof, may be prescribed instead to satisfy the requirement for the application of BACT. Such standard shall, to the degree possible, set forth the emissions reduction achievable by implementation of such design, equipment, work practice or operation, and shall provide for compliance by means which achieve equivalent
results. "Clean coal technology" means any technology, including technologies applied at the precombustion, combustion, or post combustion stage, at a new or existing facility which will achieve significant reductions in air emissions of sulfur dioxide or oxides of nitrogen associated with the utilization of coal in the generation of electricity, or process steam which was not in widespread use as of November 15, 1990. "Clean coal technology demonstration project" meansa project using funds appropriated under the heading "Department of Energy-Clean Coal Technology", up to a total amount of $2,500,000,000 for commercial demonstration of clean coal technology, or similar projects funded through appropriations for the EPA. The Federal contribution for a qualifying project
shall be at least 20% of the total cost of the demonstration project.
"Commence" means, as applied to construction of a major stationary source or major modification, that the owner or operator has all necessary preconstruction approvals or permits
and either has:(A) begun, or caused to begin, a continuous program of actual on-site construction of the source, to be completed within a reasonable time; or, (B) entered into binding agreements or contractual obligations, which cannot be cancelled or modified without substantial loss to the owner or operator, to undertake a program of actual construction of the source to be completed within a reasonable time.
"Construction" means any physical change or change in the method of operation (including fabrication, erection, installation, demolition, or modification of an emissions unit) that would result in a change in emissions. "Continuous emissions monitoring system" or "CEMS" means all of the equipment that may be required to meet the data acquisition and availability requirements to sample, condition (if applicable), analyze, and provide a record
of emissions on a continuous basis. "Continuous emissions rate monitoring system" or "CERMS" means the total equipment required for the determination and recording of the pollutant mass emissions rate (in terms of mass per unit of time). "Continuous parameter monitoring system" or "CPMS" means all of the equipment necessary to meet the data acquisition and availability requirements to monitorprocess and control device operational parameters (for example, control device secondary voltages and electric currents) and other information (for example, gas flow rate, O 2 , or CO 2 concentrations), and to record average operational parameter value(s) on a continuous basis. "Electric utility steam generating unit" or "EUSGU" means any steam electric generating unit that is constructed for the purpose of supplying more than one-third of its potential electric output capacity and more than 25 MW electrical output to any utility power distribution system for sale. Any steamsupplied to a steam distribution system for the purpose of providing steam to a steam-electric generator that would produce electrical energy for sale is also considered in determining the electrical energy output capacity of the affected facility.

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"Emissions unit" means any part of a stationary source that emits or would have the potential to emit any regulated NSR pollutant and includes an EUSGU. There are two types of emissions units as described in paragraphs (A) and (B) of this
definition. (A) A new emissions unit is any emissions unit that is (or will be) newly constructed and that has existed for less than 2 years from the date such emissions unit first operated. (B) An existing emissions unit is any emissions unit that does not meet the requirements in paragraph(A) of this definition. A replacement unit is an existing emissions unit. "Federal Land Manager" means with respect to any lands in the United States, the Secretary of the department with authority over such lands. "High terrain" means any area having an elevation 900
feet or more above the base of the stack of a source. "Innovative control technology" means any system of air pollution control that has not been adequately demonstratedin practice, but would have a substantial likelihood of achieving greater continuous emissions reduction than any control system in current practice or of achieving at least comparable reductions at lower cost in terms of energy, economics, or non-air quality environmental impacts.
"Low terrain" means any area other than high terrain. "Major modification" means: (A) Any physical change in or change in the method of operation of a major stationary source that would result in a significant emissions increase of a regulated NSR pollutant and a significant net emissions increase of that pollutant from the major stationary source is a major modification. (i) Any significant emissions increase from any emissions units or net emissions increase at a major stationary source that is significant for VOC
or NO X shall be considered significant for ozone. (ii) A physical change or change in the method of operation shall not include:(I) routine maintenance, repair and replacement;(II) use of an alternative fuel or raw material by reason of any order under sections2(a) and (b) of the Energy Supply and Environmental Coordination Act of 1974 (or anysuperseding legislation) or by reason of a natural gas curtailment plan pursuant to the Federal Power Act; (III) use of an alternative fuel by reason of an order or rule under section 125 of the Act; (IV) use of an alternative fuel at a steamgenerating unit to the extent that the fuel is generated from municipal solid waste;(V) use of an alternative fuel or raw material by a stationary source which the source was capable of accommodating before January 6, 1975, (unless such change would be prohibited under any enforceable permit condition which was established after January 6, 1975) or thesource is approved to use under any permit issued under 40 CFR 52.21 or OAC 252:100-7 or 252:100-8; (VI) an increase in the hours of operation or in the production rate, unless such changewould be prohibited under any federally enforceable permit condition which was established after January 6, 1975; (VII) any change in source ownership; (VIII) the installation, operation, cessation,or removal of a temporary clean coal technology demonstration project, provided the project complies with OAC 252:100 and other requirements necessary to attain and maintain the NAAQS during the project and after it is terminated;(IX) the installation or operation of a permanent clean coal technology demonstration project that constitutes repowering, provided that the project does not result in an increase in the potential to emit of any regulated pollutant (on a pollutant-by-pollutant basis) emitted by the unit; or (X) the reactivation of a very clean
coal-fired EUSGU. (B) This definition shall not apply with respect to a particular regulated NSR pollutant when the major stationary source is complying with the requirements under OAC 252:100-8-38 for a PAL for that pollutant. Instead, the definition of "PAL major modification" at 40 CFR 51.166(w)(2)(viii) shall apply. "Major stationary source" means (A) A major stationary source is: (i) any of the following stationary sources of air pollutants which emits, or has the potential toemit, 100 TPY or more of a regulated NSR pollutant: (I) carbon black plants (furnace process), (II) charcoal production plants,(III) chemical process plants, (not including ethanol production facilities that produce ethanol by natural fermentation included in NAICS codes 325193 or 312140),(IV) coal cleaning plants (with thermal dryers), (V) coke oven batteries, (VI) fossil-fuel boilers (or combination thereof) totaling more than 250 million BTU per hour heat input, (VII) fossil fuel-fired steam electric plants of more than 250 million BTU per hour heat input, (VIII) fuel conversion plants, (IX) glass fiber processing plants, (X) hydrofluoric, sulfuric or nitric acid plants, (XI) iron and steel mill plants, (XII) kraft pulp mills,

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(XIII) lime plants, (XIV) municipal incinerators capable of charging more than 250 tons of refuse per day, (XV) petroleum refineries, (XVI) petroleum storage and transfer units with a total storage capacity exceeding 300,000 barrels, (XVII) phosphate rock processing plants, (XVIII) portland cement plants, (XIX) primary aluminum ore reduction plants, (XX) primary copper smelters, (XXI) primary lead smelters, (XXII) primary zinc smelters, (XXIII) secondary metal production plants, (XXIV) sintering plants, (XXV) sulfur recovery plants, or (XXVI) taconite ore processing plants; (ii) any other stationary source not on the list in (A)(i) of this definition which emits, or has the potential to emit, 250 TPY or more of a regulated NSR pollutant; (iii) any physical change that would occur at a stationary source not otherwise qualifying as a major stationary source under this definition if the change would constitute a major stationary source by itself. (B) A major source that is major for VOC or NO X shall be considered major for ozone. (C) The fugitive emissions of a stationary source shall not be included in determining for any of the purposes of this Part whether it is a major stationarysource, unless the source belongs to one of the following categories of stationary sources: (i) the stationary sources listed in (A)(i) of this definition; (ii) any other stationary source category which,as of August 7, 1980, is being regulated under section 111 or 112 of the Act. "Necessary preconstruction approvals or permits" means those permits or approvals required under all applicable air quality control laws and rules.
"Net emissions increase" means: (A) with respect to any regulated NSR pollutant emitted by a major stationary source, the amount by which the sum of the following exceeds zero: (i) the increase in emissions from a particularphysical change or change in the method of operation at a stationary source as calculated pursuant to OAC 252:100-8-30(b); and,(ii) any other increases and decreases in actual emissions at the major stationary source that are contemporaneous with the particular change
and are otherwise creditable. Baseline actual emissions for calculating increases and decreases under (A)(ii) of this definition shall be determined as provided in the definition of "baseline actual emissions", except that (B)(iii) and (C)(iv) of that definition shall not apply. (B) An increase or decrease in actual emissionsis contemporaneous with the increase from the particular change only if it occurs within 3 years before the date that the increase from the particular change

occurs. (C) An increase or decrease in actual emissions is creditable only if: (i) it is contemporaneous; and (ii) he Director has not relied on it in issuing a permit for the source under OAC 252:100-8, Part7, which permit is in effect when the increase in actual emissions from the particular change occurs. (D) An increase or decrease in actual emissionsof sulfur dioxide, particulate matter, or nitrogen oxides that occurs before the applicable minor source baseline date is creditable only if it is required to be considered in calculating the amount of maximum allowable increases remaining available. (E) An increase in actual emissions is creditableonly to the extent that the new level of actual emissions exceeds the old level. (F) A decrease in actual emissions is creditable only to the extent that it meets all the conditions in (F)(i) through (iii) of this definition. (i) It is creditable if the old level of actual emissions or the old level of allowable emissions, whichever is lower, exceeds the new level of actual
emissions. (ii) It is creditable if it is enforceable as a practical matter at and after the time that actual construction on the particular change begins. (iii) It is creditable if it has approximately the same qualitative significance for public health and
welfare as that attributed to the increase from the particular change. (G) An increase that results from a physical change
at a source occurs when the emissions unit on whichconstruction occurred becomes operational and begins to emit a particular pollutant. Any replacement unit that requires shakedown becomes operationalonly after a reasonable shakedown period, not to exceed 180 days. (H) Paragraph (A) of the definition of "actual emissions" shall not apply for determining creditable
increases and decreases.
"Potential to emit" means the maximum capacity of a stationary source to emit a pollutant under its physical and operational design. Any physical or operational limitation on the capacity of the source to emit a pollutant, including airpollution control equipment and restrictions on hours of operation or on the type or amount of material combusted, stored or processed, shall be treated as part of its design if the limitation
or the effect it would have on emissions is enforceable. Secondary emissions do not count in determining the potential to emit of a stationary source.

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"Predictive emissions monitoring system" or "PEMS" means all of the equipment necessary to monitor process and control device operational parameters (for example, control device secondary voltages and electric currents) and other information (for example, gas flow rate, O 2 , or CO 2 concentrations), and calculate and record the mass emissions rate (for example, lb/hr) on a continuous basis."Prevention of Significant Deterioration (PSD) program" means a major source preconstruction permit program that has been approved by the Administrator and incorporated into the plan to implement the requirements of 40 CFR 51.166, or the program in 40 CFR 52.21. Any permit issued under such a program is a major NSR permit. "Project" means a physical change in, or change in method of operation of, an existing major stationary source. "Projected actual emissions" means(A) Projected actual emissions means the maximum annual rate, in TPY, at which an existing emissions unit is projected to emit a regulated NSR pollutant in any one of the 5 years (12-month period)following the date the unit resumes regular operation after the project, or in any one of the 10 years following that date, if the project involves increasing the emissions unit's design capacity or its potential to emit that regulated NSR pollutant, and full utilization of the unit would result in a significant emissions increase, or a significant net emissions increase at the major stationary source. (B) In determining the projected actual emissionsunder paragraph (A) of this definition (before beginning actual construction), the owner or operator of the major stationary source: (i) shall consider all relevant information,including but not limited to, historical operational data, the company's own representations, the company's expected business activity and the company's highest projections of business activity, the company's filings with the State or Federal regulatory authorities, and compliance plans under the approved plan; and(ii) shall include fugitive emissions to the extent quantifiable and emissions associated with start-ups, shutdowns, and malfunctions; and (iii) shall exclude, in calculating any increase in emissions that results from the particular project, that portion of the unit's emissions following theproject that an existing unit could have accommodated during the consecutive 24-month period
used to establish the baseline actual emissions and that are also unrelated to the particular project, including any increased utilization due to product demand growth; or, (iv) in lieu of using the method set out in (B)(i) through (iii) of this definition, may elect to use the emissions unit's potential to emit, in TPY. "Reactivation of a very clean coal-fired electric utility steam generating unit" means any physical change or change in the method of operation associated with the commencement of commercial operations by a coal-fired utility unit after a period of discontinued operation where the unit: (A) has not been in operation for the two-year period prior to the enactment of the Clean Air Act Amendments of 1990, and the emissions from suchunit continue to be carried in the Department's emissions inventory at the time of enactment;(B) was equipped prior to shutdown with a continuous system of emissions control that achieves a removal efficiency for sulfur dioxide of no less than 85% and a removal efficiency for particulates of no less than 98%; (C) is equipped with low-NO X burners prior to the time of commencement of operations following reactivation; and(D) is otherwise in compliance with the requirements of the Act. "Regulated NSR pollutant" means (A) A regulated NSR pollutant is: (i) any pollutant for which a NAAQS has been promulgated and any pollutant identified under(A)(i) of this definition as a constituent or precursor to such pollutant. Precursors identified by theAdministrator for purposes of NSR are the following:(I) volatile organic compounds and nitrogen oxides are precursors to ozone in all
attainment and unclassifiable areas. (II) sulfur dioxide is a precursor to PM 2.5 in
all attainment and unclassifiable areas. (III) nitrogen oxides are presumed to be precursors to PM 2.5 in all attainment and unclassifiable areas, unless the State demonstrates
to the EPA Administrator's satisfaction or EPA demonstrates that emissions of nitrogen oxidesfrom sources in a specific area are not a significant contributor to that area's ambient PM 2.5 concentrations.(IV) volatile organic compounds are presumed not to be precursors to PM 2.5 in any attainment or unclassifiable area, unless the
State demonstrates to the EPA Administrator's
satisfaction or EPA demonstrates that emissions of volatile organic compounds from sources in a specific area are a significant contributor to
that area's ambient PM 2.5 concentrations. (ii) any pollutant that is subject to any standard promulgated under section 111 of the Act;(iii) any Class I or II substance subject to a standard promulgated under or established by title VI of the Act; or (iv) any pollutant that otherwise is "subject to regulation" under the Act as defined in the definition of "subject to regulation" in OAC 252:100-8-31; (v) PM emissions, PM 2.5 emissions, and PM 10 emissions shall include gaseous emissions from

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a source or activity which condense to form particulate matter at ambient temperatures. Such condensable particulate matter shall be accountedfor in applicability determinations and in establishing emissions limitations for PM, PM 2.5, and
PM 10 in PSD permits. (B) Regulated NSR pollutant does not include: (i) any or all HAP either listed in section 112 of the Act or added to the list pursuant to section 112(b)(2) of the Act, which have not been delisted pursuant to section 112(b)(3) of the Act, unless thelisted HAP is also regulated as a constituent or precursor of a general pollutant listed under section 108 of the Act; or(ii) any pollutant that is regulated under section 112(r) of the Act, provided that such pollutant is not otherwise regulated under the Act. "Replacement unit" means an emissions unit for which all the criteria listed in paragraphs (A) through (D) of this
definition are met. No creditable emission reduction shall be generated from shutting down the existing emissions unit that is replaced. (A) The emissions unit is a reconstructed unit within the meaning of 40 CFR 60.15(b)(1), or theemissions unit completely takes the place of an existing emissions unit.(B) The emissions unit is identical to or functionally equivalent to the replaced emissions unit. (C) The replacement unit does not alter the basic design parameter(s) of the process unit. (D) The replaced emissions unit is permanently removed from the major stationary source, otherwise permanently disabled, or permanently barred from operating by a permit that is enforceable as a practical matter. If the replaced emissions unit is brought back into operation, it shall constitute a new emissions unit. "Repowering" means (A) Repowering shall mean the replacement of an existing coal-fired boiler with one of the following clean coal technologies: atmospheric or pressurized fluidized bed combustion, integrated gasification combined cycle, magnetohydrodynamics, direct and indirect coal-fired turbines, integrated gasification fuel cells, or as determined by the Administrator, inconsultation with the Secretary of Energy, a derivative of one or more of these technologies, and any other technology capable of controlling multiple combustion emissions simultaneously with improved boiler or generation efficiency and with significantly greater waste reduction relative to the performance of technology in widespread commercial use as of November 15, 1990. (B) Repowering shall also include any oil and/or gas-fired unit which has been awarded clean coal technology demonstration funding as of January 1, 1991, by the Department of Energy.(C) The Director shall give expedited consideration to permit applications for any source that satisfies the requirements of this definition and is granted an
extension under section 409 of the Act. "Significant" means: (A) In reference to a net emissions increase or thepotential of a source to emit any of the following pollutants, a rate of emissions that would equal or exceed any of the following significant emission rates: (i) carbon monoxide: 100TPY, (ii) nitrogen oxides: 40 TPY, (iii) sulfur dioxide: 40 TPY, (iv) particulate matter: 25 TPY of particulate
matter emissions or 15 TPY of PM 10 emissions, (v) PM 2.5 : 10 TPY of direct PM 2.5 emissions; 40 TPY of sulfur dioxide emissions; or 40 TPY of nitrogen oxide emissions unless demonstrated
not to be a PM 2.5 precursor under the definition of "regulated NSR pollutant", (vi) ozone: 40 TPY of VOC or NO X , (vii) lead: 0.6 TPY, (viii) fluorides: 3 TPY, (ix) sulfuric acid mist: 7 TPY, (x) hydrogen sulfide (H 2 S): 10 TPY, (xi) total reduced sulfur (including H 2 S): 10 TPY, (xii) reduced sulfur compounds (including

H 2 S): 10 TPY, (xiii) municipal waste combustor organics (measured as total tetra-through octa-chlorinated dibenzo-p-dioxins and dibenzofurans): 3.5 x 10 -6 TPY,(xiv) municipal waste combustor metals (measured as particulate matter): 15 TPY, (xv) municipal waste combustor acid gases(measured as sulfur dioxide and hydrogen chloride): 40 TPY, (xvi) municipal solid waste landfill emissions (measured as nonmethane organic compounds):
50 TPY.(B) Any emissions rate or any net emissions increase associated with a major stationary source or major modification which would construct within 6 miles of a Class I area, and have an impact on such area equal to or greater than 1 F g / m 3 1 μ g / m 3 (24-hour average). "Significant emissions increase" means, for a regulated NSR pollutant, an increase in emissions that is significant for that pollutant. "Significant net emissions increase" means a significant
emissions increase and a net increase. "Stationary source" means any building, structure, facility or installation which emits or may emit a regulated NSR pollutant. "Subject to regulation" means, for any air pollutant, that the pollutant is subject to either a provision in the federal Clean Air Act, or a nationally-applicable regulation codified by the EPA Administrator in subchapter C of Chapter I of 40 CFR, that requires actual control of the quantity of emissions of that pollutant, and that such a control requirement has taken effect

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and is operative to control, limit, or restrict the quantity of emissions of that pollutant released from the regulated activity. Except that: (A) Greenhouse gases (GHG) shall not be subject to regulation except as provided in (D) through (E) of
this definition.(B) For purposes of (C) through (E) of this definition, the term TPY CO 2 equivalent emissions (CO 2 e) shall represent an amount of GHG emitted, and shall be computed as follows: (i) Multiplying the mass amount of emissions (in TPY), for each of the six greenhouse gases in the pollutant GHG, by the gas' associated global warming potential (GWP) published in Table A-1 to subpart A of 40 CFR Part 98 B

- Global Warming
Potentials. F o r p u r p o s e s o f t h i s d e f i n i t i o n , p r i o r
t o J u l y 2 1

, 2 0 1 4

, t h e m a s s o f t h e g r e e n h o u s e g a s

c a r b o n d i o x i d e s h a l l n o t i n c l u d e c a r b o n d i o x i d e

e m i s s i o n s r e s u l t i n g f r o m t h e c o m b u s t i o n o r d e

c o m p o s i t i o n o f n o n

- f o s s i l i z e d a n d b i o d e g r a d a b l e

o r g a n i c m a t e r i a l o r i g i n a t i n g f r o m p l a n t s , a n i m a l s ,
o r m i c r o

- o r g a n i s m s ( i n c l u d i n g p r o d u c t s , b y

- p r o d

u c t s , r e s i d u e s a n d w a s t e f r o m a g r i c u l t u r e , f o r e s t r y

a n d r e l a t e d i n d u s t r i e s , a s w e l l a s t h e n o n

- f o s s i l i z e d

a n d b i o d e g r a d a b l e o r g a n i c f r a c t i o n s o f i n d u s t r i a l

a n d m u n i c i p a l w a s t e s , i n c l u d i n g g a s e s a n d l i q u i d s

r e c o v e r e d f r o m t h e d e c o m p o s i t i o n o f n o n

- f o s

s i l i z e d a n d b i o d e g r a d a b l e o r g a n i c m a t e r i a l )

. (ii) Summing the resultant value from (B)(i) of this definition for each gas to compute a TPY
CO 2 e. (C) The term emissions increase as used in (D) through (E) of this definition shall mean that both a significant emissions increase (as calculated using the procedures in OAC 252:100-8-30(b)(1) through (5)) and a significant net emissions increase (as defined inthe definitions of "net emissions increase" and "significant" in 252:100-8-31) occur. For the pollutant GHG, an emissions increase shall be based on TPY
CO 2 e, and shall be calculated assuming the pollutant GHG is a regulated NSR pollutant, and "significant" is defined as 75,000 TPY CO 2 e and the emissionsare otherwise subject to regulation as previously described in this definition. (D) Beginning January 2, 2011, the pollutant GHGis subject to regulation if it meets the other requirements of this definition and if:(i) The stationary source is a new major stationary source for a regulated NSR pollutant that is not GHG, and also will emit or will have the potential to emit 75,000 TPY CO 2 e or more; or (ii) The stationary source is an existing major stationary source for a regulated NSR pollutant that is not GHG, and also will have an emissions increase of a regulated NSR pollutant, and an emissions increase of 75,000 TPY CO 2 e or more. (E) Beginning July 1, 2011, in addition to the provisions in (D) of this definition, the pollutant GHG shall also be subject to regulation: (i) At a new stationary source that will emit or have the potential to emit 100,000 TPY CO 2 e; or (ii) At an existing stationary source that emits or has the potential to emit 100,000 TPY CO 2 e, when such stationary source undertakes a physical change or change in the method of operation that will result in an emissions increase of 75,000 TPY
CO 2 e or more. (F) If federal legislation or a federal court stays, invalidates, delays the effective date, or otherwise renders unenforceable by the EPA, in whole or in part, the EPA's tailoring rule (75 FR 31514, June 3, 2010), endangerment finding (74 FR 66496, December 15, 2009), or light-duty vehicle greenhouse gas emission standard (75 FR 25686, May 7, 2010), this definitionshall be enforceable only to the extent that it is enforceable by the EPA. "Temporary clean coal technology demonstration project" means a clean coal technology demonstration projectthat is operated for a period of 5 years or less, and which complies with the Oklahoma Air Pollution Control Rules in OAC 252:100 and other requirements necessary to attain and/or maintain the NAAQS during and after the project is terminated.

252:100-8-33. Exemptions (a) Exemptions from the requirements of OAC 252:100-8-34 through 252:100-8-36. 2. (1) The requirements of OAC 252:100-8-34 through252:100-8-36.2 do not apply to a particular major stationary source or major modification if the source or
modification is: (A) a nonprofit health or nonprofit educational institution; or (B) major only if fugitive emissions, to the extent quantifiable, are included in calculating the potential to emit and such source is not one of the categories listed in paragraph (C) of the definition of "Major stationary source"; or(C) a portable stationary source which has previously received a permit under the requirements contained in OAC 252:100-8-34 through 252:100-8-36.2 and proposes to relocate to a temporary new location from which its emissions would not impact a Class I area or an area where an applicable increment is
known to be violated. (2) The requirements in OAC 252:100-8-34 through 252:100-8-36.2 do not apply to a major stationary source or major modification with respect to a particular pollutant if the owner or operator demonstrates that the source ormodification is located in an area designated as nonattainment for that pollutant under section 107 of the Act. (b) Exemption from air quality impact analyses in OAC 252:100-8-35(a) and (c) and 252:100-8-35. 2. (1) The requirements of OAC 252:100-8-35(a) and (c) and 252:100-8-35.2 are not applicable with respect to

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a particular pollutant, if the allowable emissions of that pollutant from a new source, or the net emissions increase of that pollutant from a modification, would be temporary and impact no Class I area and no area where an applicable
increment is known to be violated. (2) The requirements of OAC 252:100-8-35(a) and (c) and 252:100-8-35.2 as they relate to any PSD increment for a Class II area do not apply to a modification of a major stationary source that was in existence on March 1, 1978, if the net increase in allowable emissions of each regulated NSR pollutant from the modification after the application of BACT, would be less than 50 TPY. (c) Exemption from air quality analysis requirements in OAC 252:100-8-35(c). (1) The monitoring requirements of OAC 252:100-8- 35(c) regarding air quality analysis are not applicable for a particular pollutant if the emission increase of the pollutant from a proposed major stationary source or thenet emissions increase of the pollutant from a major modification would cause, in any area, air quality impacts less than the following significant monitoring concentrations (SMC): (A) Carbon monoxide - 575 F g / m 3 μ g / m 3 , 8-hour

average, (B) Nitrogen dioxide - 14 F g / m 3 μ g / m 3 , annual average, (C) PM 2.5 - 4 μ g/m 3 , 24-hour average, (D) PM 10 - 10 F g / m 3 μ g / m 3 , 24-hour average, (E) Sulfur dioxide -13 F g / m 3 μ g / m 3 , 24-hour average,(F) Ozone - no de minimis air quality level is provided for ozone, however any net increase of 100 TPY
or more of VOC or NO X subject to PSD would require an ambient impact analysis, including the gathering of ambient air quality data, (G) Lead - 0.1 F g / m 3 μ g / m 3 , 24-hour 3-month average, (H) Fluorides - 0.25 F g / m 3 μ g / m 3 , 24-hour average, (I) Total reduced sulfur - 10 F g / m 3 μ g / m 3 , 1-hour

average, (J) Hydrogen sulfide - 0.2 F g / m 3 μ g / m 3 , 1-hour

average, or (K) Reduced sulfur compounds - 10 F g / m 3 μ g / m 3

, 1-hour average. (2) The monitoring requirements of OAC 252:100-8-35(c) are not applicable for a particular pollutant if the pollutant is not listed in preceding OAC 252:100-8-33(c)(1). (d) Exemption from monitoring requirements in OAC 252:100-8-35(c)(1)(B) and (D). (1) The requirements for air quality monitoring in OAC 252:100-8-35(c)(1)(B) and (D) shall not apply to a particular source or modification that was subject to 40 CFR 52.21 as in effect on June 19, 1978, if a permit application was submitted on or before June 8, 1981, andthe Director subsequently determined that the application was complete except for the requirements in OAC 252:100-8-35(c)(1)(B) and (D). Instead, the requirements in 40 CFR 52.21(m)(2) as in effect on June 19, 1978, shall apply to any such source or modification. (2) The requirements for air quality monitoring in OAC 252:100-8-35(c)(1)(B) and (D) shall not apply to a particular source or modification that was not subject to 40 CFR 52.21 as in effect on June 19, 1978, if a permit application was submitted on or before June 8, 1981, and the Director subsequently determined that the application as submitted was complete, except for the requirements in OAC 252:100-8-35(c)(1)(B) and (D). (e) Exemption from the preapplication analysis required by OAC 252:100-8-35(c)(1)(A), (B), and (D).(1) The Director shall determine if the requirements for air quality monitoring of PM 10 in OAC 252:100-8-35(c)(1)(A), (B), and (D) may be waivedfor a particular source or modification when an application for a PSD permit was submitted on or before June l, 1988, and the Director subsequently determined that the application, except for the requirements for monitoring particulate matter under OAC 252:100-8-35(c)(1)(A), (B), and (D), was complete before that date.(2) The requirements for air quality monitoring of PM 10 in OAC 252:100-8-35(c)(1)(B)(i),252:100-8-35(c)(1)(D), and 252:100-8-35(c)(3) shall apply to a particular source or modification if an application for a permit was submitted after June l, 1988, and no later than December 1, 1988. The data shall have been gathered over at least the period from February l, 1988, to the date the application became otherwise complete in accordancewith the provisions of OAC 252:100-8-35(c)(1)(C), except that if the Director determines that a complete and adequate analysis can be accomplished with monitoring data over a shorter period (not to be less than 4 months), the data required by OAC 252:100-8-35(c)(1)(B)(ii) shall have been gathered over that shorter period. (f) Exemption from BACT requirements and air quality analyses requirements. If a complete permit application for a source or modification was submitted before August 7, 1980the requirements for BACT in OAC 252:100-8-34 and the requirements for air quality analyses in OAC 252:100-8-35(c)(1)are not applicable to a particular stationary source or modification that was subject to 40 CFR 52.21 as in effect on June 19, 1978. Instead, the federal requirements at 40 CFR 52.21 (j) and (n) as in effect on June 19, 1978, are applicable to any such
source or modification. (g) Exemption from OAC 252:100-8-35(a)(1)(B). The permitting requirements of OAC 252:100-8-35(a)(1)(B) do not apply to a stationary source or modification with respect to any PSD increment for nitrogen oxides if the owner or operator of the source or modification submitted a complete application for a permit before February 8, 1988.



### PART 9. MAJOR SOURCES AFFECTING NONATTAINMENT AREAS

May 15, 2012 

### 619 Oklahoma Register (Volume 29, Number 17)

## Permanent Final Adoptions

252:100-8-51.1. Emissions reductions and offsets (a) The requirements in 40 CFR 51.165(a)(3) regarding emissions reductions and offsets are hereby incorporated by reference as they exist on July 2, 2007. (b) The requirements in subsection 40 CFR 51.165(a) (9) dealing with offset ratios are hereby incorporated by reference as they exist on July 1, 2010. (c) The requirements in 40 CFR 51.165(a)(11) regarding emission offsets are hereby incorporated by reference as they exist on July 1, 2 0 1 1 2 0 1 0

.
[OAR Docket #12-445; filed 4-25-12]



### TITLE 252. DEPARTMENT OF ENVIRONMENTAL QUALITY CHAPTER 205. HAZARDOUS WASTE MANAGEMENT

[OAR Docket #12-446]

RULEMAKING ACTION: PERMANENT final adoption. RULES: Subchapter 3. Incorporation by Reference 252:205-3-1 [AMENDED] AUTHORITY: Environmental Quality Board; 27A §§ 2-2-101, 2-2-201, 2-2-104, 2-7-105
and 2-7-106 DATES: Comment period: September 13 through October 13, 2011 Public hearing: October 13, 2011, Hazardous Waste Management Advisory Council Adoption: November 15, 2011 Submitted to Governor: November 21, 2011 Submitted to House: November 21, 2011 Submitted to Senate: November 21, 2011 Gubernatorial Approval: December 21, 2011 Legislative approval: March 29, 2012 Final adoption: March 29, 2012
Effective: July 1, 2012 SUPERSEDED EMERGENCY ACTIONS:
N/A INCORPORATION BY REFERENCE: Incorporated standards as published on July 1, 2011: Title 40 of the Code of Federal Regulations, Part 261, Subpart D, §261.33; Part 262, Subpart K, §262.200, §262.206, §262.212, §262.214; and Part 268, Subpart D, §268.40, §268.42, §268.42 Incorporating rules:
252:205-3-1 Availability: From the contact person listed below ANALYSIS: The proposed amendment is to inco rporate by reference the federal hazardous waste regulations found in 40 CFR Parts 124 and 260-279 revised as of July 1, 2011. New rules include technical corrections and the removal of
Saccharin and its salts from th e Lists of Hazardous Wastes. CONTACT PERSON: Mike Edwards (405) 702-5226, 707 North Robinson, Oklahoma City, Oklahoma 73102. Mailing address is P.O. Box 1677, Oklahoma City, OK 73101-1677. E-mail address is mike.edwards@deq.ok.gov

PURSUANT TO THE ACTIONS DESCRIBED HEREIN,
THE FOLLOWING RULES ARE CONSIDERED FINALLY ADOPTED AS SET FORTH IN 75 O.S., SECTION 308.1(A), WITH AN EFFECTIVE DATE OF JULY 1, 2012:



### SUBCHAPTER 3. INCORPORATION BY REFERENCE

252:205-3-1. Reference to 40 CFR (a) Incorporation date. Except as provided in subsection (b),when reference is made to Title 40 of the Code of Federal Regulations (40 CFR), it shall mean (unless otherwise specified) the Hazardous Waste Regulations, Monday, May 19, 1980, as amended through July 1, 2 0 1 0 2 0 1 1

. (b) Excluded provisions. None of the revisions to 40 CFRpublished at 73 FR 64668 - 64788 (October 30, 2008), "Revisions to the Definition of Solid Waste: Final Rule" are incorporated herein.

[OAR Docket #12-446; filed 4-25-12]



### TITLE 252. DEPARTMENT OF ENVIRONMENTAL QUALITY CHAPTER 410. RADIATION MANAGEMENT

[OAR Docket #12-448]

RULEMAKING ACTION: PERMANENT final adoption. RULES: Subchapter 1. General Provisions 252:410-1-7. [AMENDED] Subchapter 10. Radioactive Materials Program
Part 1. General Provisions 252:410-10-1. [AMENDED] Part 35. Medical Use of Byproduct Material 252:410-10-35. [AMENDED] Part 40. Domestic Licensing of Source Material 252:410-10-40. [AMENDED] Part 71. Packaging and Transporting Radioactive Material 252:410-10-71. [AMENDED] Subchapter 20. Standards For Protection Against Radiation 252:410-20-1. [AMENDED] AUTHORITY: Environmental Quality Board and Radiation Management Advisory Council powers and duties, 27A O.S. §§ 2-2-101, 2-2-104, 2-2-201, and
2-9-104 DATES: Comment period: September 1, 2011, through November 8, 2011, October 6, 2011, and November 15, 2011. Public hearing: October 6, 2011, Radiation Management Advisory Council and November 15, 2011 Environmental Quality Board. Adoption: November 15, 2011

Oklahoma Register (Volume 29, Number 17) 

### 620 May 15, 2012

### 1 TITLE 252. DEPARTMENT OF ENVIRONMENTAL QUALITY
CHAPTER 100. AIR POLLUTION CONTROL
SUBCHAPTER 17. INCINERATORS

PART 1. GENERAL PROVISIONS

252:100-17-1. Purpose The purpose of this Subchapter subchapter is to specify design and operating requirements, and emission limitations for incinerators and municipal waste combustors (MWC).

252:100-17-1.1. Reference to 40 CFR The purpose of this Subchapter is to control em issions from incinerators.
See OAC 252:100-2.

252:100-17-1.2. Terminology related to 40 CFR [REVOKED] When these terms are used in rules incorpor ated by reference, the following definitions shall apply:
"EPA Administrator" or "Administrator" is synonymous with "Executive Director" or "the Executive Director's designee".
"State" is synonymous with "Department of Environmental Quality" or "DEQ".

252:100-17-1.3. Incinerators and fuel-burning equipment or units Any incinerator or MWC subject to the requirement s of any part of this subchapter that is used to generate useful heat energy is also c onsidered fuel-burning equipment or a fuel-burning unit and is subject to all applicable requirements of this chapter.

PART 3. GENERAL PURPOSE INCINERATORS

252:100-17-2. Applicability
This Partpart applies to any new and existing incinerators incinerator not subject to New Source Performance Standards (NSPS) 40 CFR Part 60, Subparts E, Ea, Eb, Ec, or EEEE, or any other Parts in 4, 5, 7, 9, or 11 of this Subchapter subchapter

.

252:100-17-2.1. Exemptions Thermal oxidizers, flares and any other air po llution control devices are exempt from the requirements of this Part part

.

252:100-17-2.2. Definitions The following words and terms when used in this Subch apter part and Part 4 of this subchapter shall have the following meaning unless the context clearly indicates otherwise: "Capacity" means amountthe maximum design charging rate of specified wastes a unit refuse in pounds per hour (lb/hr) an incinerator is designed to burn receive

. Capacity may be expressed as pounds per hour or tons per day.
"Excess air" means air entering a combustion chamber in excess of the amount theoretically required to complete combustion of materials in the combustion chamber.

### 2 "Fly ash" means particulate matter capable of be ing gasborne or airborne consisting essentially of fused ash and/or burned or unburned material. "Particulate matter" or "total particulate matter" means the sum of all filterable and condensable particulate matter emitted to the ambi ent air as measured by applicable reference methods, or an equivalent or alternative method. "Primary combustion chamber" means the initial incinerator chamber where

waste refuse is charged, ignited, and burned.
"Secon dary burner" means a supplemental burner in the secondary chamber for the purpose of maintaining a minimum temperature and to insure the complete combustion of volatile gases and smoke. "Secondary combustion chamber" means one or more a component of the general purpose incinerator that receives combustion gases from the chambers in addition to the primary
combustion chamber that function to fully combust ga seous and particulate matter suspended in the exhaust gases from the primary and in which the combustion chamber process is completed.

252:100-17-4. Particulate matter Fly ash or other particulate The emissions of particulate matter from an incinerator subject to the requirements of this part shall not exceed quantities greater than the applicable allowable particulate matter emission rate contained in Appendix A of this chapter

. The allowable emissions for incinerators with capacities of 100 lb /hr or greater are set forth in Appendix A of this Chapter. The allowable emissions for incinerators wit h capacities less than 100 lb/hr are set forth in Appendix B of this Chapter. Solid fuels charged will be considered part of the refuse weight. No. 1 and No. 2 fuel oils (distillate oils), liquified petroleum gases, gaseous fuels and
combustion air will not be considered as part of the refuse weight.

252:100-17-5. Incinerator design and operation requirements An incinerator subject to this Part must have: part shall be designed and built with a primary combustion chamber equipped with a burner(s) that maintains a temperature of at least
800 o 

### F in the primary combustion chamber at all tim es when refuse is being incinerated, and a secondary combustion chamber(s) that is equipped with a burner or other combustion device adequately designed and operated to fu lly combust gaseous and particulate matter suspended in the exhaust gas stream from the primary combustion chamber. The combustion device in each combustion chamber shall be in operation at all times when refuse is being incinerated. (1) A primary burner that maintains a temperature of at least 800  F in the primary
combustion chamber. (2) A secondary burner that shall be used when necessary to eliminate smoke.

252:100-17-5.1. Alternative incinerator design requirements Notwithstanding OAC 252:100-17-5, The the Director may approve an alternative incinerator design that does not meet the design requirements in 252:100

- 17

- 5 if the owner or
operator of the proposed incinerator demonstrates to the DEQ satisfaction of the Director that the
incinerator can will comply with OAC 252:100-17-4 and all other applicable requirements of this chapter.

252:100-17-7. Test methods

### 3 (a) Opacity. Opacity shall be measured utilizing Method 9

- Visual Determination of the Opac ity of Emissions from Stationary Sources f ound in the Code of Federal Regulations at 40 CFR Part 60, Appendix A. This method is hereby incorporated by reference as it exists on July 1, 1997. (b) Particulate matter. Particulate matter shall be measured ut ilizing the appropriate DEQ

- approved Method 5 found in the Code of Fede ral Regulations at 40 CFR Part 60, Appendix A. This method is hereby incorporated by reference as it exists on July 1, 1997. See OAC
252:100-43.

### 1

10Jan_SC17_P1P3_RUL.wpd December 15, 2009 

### TITLE 252. OKLAHOMA DEPARTMENT OF ENVIRONMENTAL QUALITY

CHAPTER 100. AIR POLLUTION CONTROL
SUBCHAPTER 17. INCINERATORS

PART 1. GENERAL PROVISIONS

252:100-17-1. Purpose
The purpose of this Subchapter subchapter

is to specify design and operating requirements, and emission limitations for incinerators and municipal waste combustors (MWC).

252:100-17-1.1. Reference to 40 CFR The purpose of this Subchapter is to control emissions from incinerators.
See OAC 252:100-2.

252:100-17-1.2. Terminology related to 40 CFR [REVOKED]
When these terms are used in rules incorporated by reference, the following definitions shall apply:
"EPA Administrator" or "Administrator" is synonymous with "Executive Director" or "the Executive Director's designee".
"State" is synonymous with "Department of Environmental Quality" or "DEQ".

252:100-17-1.3. Incinerators and fuel-burning equipment or units Any incinerator or MWC subject to the requirements of any part of this subchapter that is
used to generate useful heat energy is also considered fuel-burning equipment or a fuel-burning unit and is subject to all applicable requirements of this chapter.

PART 3. GENERAL PURPOSE INCINERATORS

252:100-17-2. Applicability
This Part part applies to any new and existing incinerators incinerator not subject to New
Source Performa nce Standards ( NSPS) 40 CFR Part 60, Subparts E, Ea, Eb, Ec, or EEEE, or any other Parts in 4, 5, 7, 9, or 11 of this Subchapter subchapter

.

252:100-17-2.1. Exemptions
Thermal oxidizers, flares and any other air pollution control devices are exempt from the requirements of this Part

part

.

252:100-17-2.2. Definitions
The following words and terms when used in this Su bchapter part and Part 4 of this subchapter shall have the following meaning unless the context clearly indicates otherwise: "Capacity" means amount the maximum design c harging rate of specified wastes a unit
refuse in pounds per hour (l b/hr) an incin erator is designed to burn receive . Capacity may be expressed as pounds per hour or tons per day.
"Excess air" means air entering a combustion chamber in excess of the amount theoretically required to complete combustion of materials in the combustion chamber.

### 2

10Jan_SC17_P1P3_RUL.wpd December 15, 2009 

### "Fly ash" means particulate matter capable of being ga sborne or airborne consisting essentially of fused ash and/or burned or unburned material.
"Particulate matter" or "total particulate matter" means the sum of all f ilterable and
condensable

particulate matter emitted to the ambient air as measured b y appli cable reference methods, or an equivalent or alternative method. "Primary

combustion chamber" means the initial incinerator chamber where waste refuse is charged, ignited, and burned. "Secondary burner" means a supplemental burner in the secondary chamber for th e purpose of maintaining a minimum temperature and to insure the complete combustion of volatile gases and
smoke. "Secondary combustion chamber" means one or more combustion chambers in addition

to the primary combustion chamber tha t fun ction to fully combust gaseous and particulate matter suspended in the exhaust gases from the primary combustion chamber.

252:100-17-4. Particulate matter Fly ash or other particulate The emissions of particulate matter from an inc inerator subject

to the requirements of this part shall not exceed quanti ties greater than the applicable allowable particulate matter emission rate contained in Appendix A of this chapter

. The allowable emissions for incinerators with capacities of 100 lb/hr or greater are set forth in Appendix A of this Chapter.
The allowable emissions for incinerators with capacities less than 100 lb/hr are set forth in Appendix

B of this Chapter. Solid fuels charged will be considered part of the refuse weight. No. 1 and No.
2 fuel oils (distillate oils), liquified petroleum gases, gaseous fuels and combustion air will not be considered as part of the refuse weight.

252:100-17-5. Incinerator design and operation requirements
An incinerator subject to this Part must have: part shall be designed and built with a primary
combustion chamber equipped with a burner(s) that maintains a temperature of at least 800 o 

### F in the primary combustion chamber at all times when refuse is being incinerated, and a secondary
combustion chamber (s) that is equipped with a burner or other combustion device adequately designed and operated to fully combust gaseous and particulate matter suspended in the exhaust gas

stream from the primary combustion chamber. The combustion device in each combustion chamber shall be in operation at all times when refuse is being incinerated. (1) A primary burner that maintains a temperature of at least 800 ° F in the primary combustion
chamber. (2) A secondary burner that shall be used when necessary to eliminate smoke.

252:100-17-5.1. Alternative incinerator design requirements Notwithstanding OAC 252:100-17-5, The the D irector may approve an alternat ive incinerator design that does not meet the design requirements in 252:100-17-5 if the owner or operator of the proposed incinerator demonstrates to the DEQ satisfaction of the Director that the incinerator can
will comply with OAC 252:100-17-4 andall other applicable requirements of this chapter.

252:100-17-7. Test methods (a) Op acity. Opacity shall be measured utilizing Method 9 - Visual Determination of the Opacity of Emissions from Stationary Sources found in the Code of Federal Regulations at 40 CFR Part 60, Appendix A. This method is hereby incorporated by reference as it exists on July 1, 1997.

### 3

10Jan_SC17_P1P3_RUL.wpd December 15, 2009 

### (b) Particulate

matter. Particulate matter shall be measured utiliz ing t he appropriate DEQapproved Method 5 found in the Code of Federal Regulations at 40 CFR Part 60, Appendix A. This method is hereby incorporated by reference as it exists on July 1, 1997. See OAC 252:100-43.

### MINUTES AIR QUALITY COUNCIL January 20, 2010 Multipurpose Room
707 North Robinson Oklahoma City OK To EQBoard 2- 26

- 10 APPROVED AQC April 21, 2010



### Notice of Public Meeting The Air Quality Council convened for its regular meeting at 9:00 a.m. on January 20, 2010, at 707 North Robinson, Oklahoma City, Oklahoma. Notice of the meeting was forwarded to the Office of the Secretary of State giving the date, time, and place of the meeting on December 3, 2010. Agendas were posted at the meeting facility and at the DEQ
Ce ntral Office in Oklahoma City at least twenty-four hours prior to the meeting. Ms. Beverly Botchlet-Smith convened the hearings by the Air Quality Council in compliance with the Oklahoma Administrative Procedures Act and Title 40 CFR Part 51, and Title 27A, Oklahoma Statutes, Sections 2-5-201 and 2-5-101-2-5 -118. Ms. Smith entered the Agenda and the Oklahoma Register Notice into the record and announced that forms were available at the sign-in table for anyone wishing to comment on any of the rules. Ms. Laura Lodes, Chair, called the meeting to order. Ms. Bruce called roll stating that a quorum was present.

MEMBERS PRESENT David Branecky
Montelle Clark Gary Collins
Laura Lodes Bob Lynch Jim Haught Sharon Myers
Pete White

MEMBERS ABSENT
Vacanc y DEQ STAFF PRESENT Eddie Terrill Beverly Botchlet

- Smith
Scott Thomas Cheryl Bradley Rob Singletary

OTHERS PRESENT David Griesel , EQB oard Christy Myers, Court Reporter DEQ STAFF PRESENT Diana Hinson
Brooks Kirlin Nancy Marshment Kendal Stegmann
Dawson Lasseter Myrna Bruce

Transcripts and Attendance Sheet are attached as an official part of these Minutes



### Election of Officers – Ms. Laura Lodes opened the floor for nominations for Chair and ViceCha ir for Calendar Year 2010. Mr. Branecky moved that Ms. Lodes remain as Chair and nominated Mr. Jim Haught be Vice-Chair. Ms. Myers made the second.
Transcript pages 4 - 5 David Branecky Sharon Myers Gary Collins Jim Haught Yes

Yes
Yes Abstain Bob Lynch

Montelle Clark
Pete White
Laura Lodes Yes

Yes
Yes
Yes



### Approval of Minutes - April 15, 2009 Regular Meeting and October 21, 2009 Regular Meeting Ms. Lodes called for a motion to approve both sets of Minutes. Mr. Branecky moved to approve and Ms. Myers made the second.

Tra nscript pages 5 - 7 David Branecky Sharon Myers Gary Collins Jim Haught Yes

Yes
Yes
Yes Bob Lynch

Montelle Clark
Pete White
Laura Lodes Yes

Yes
Yes
Yes

### OAC 252:100-17. Incinerators, Part 1 and Part 3 [AMENDED]

Appendix A. Allowable Emissions for Incinerators with Capacities in Excess of 100 lbs/hr [REVOKED] Appendix A. Allowable Particulate Matter Emission Rate for Incinerators [NEW] Appendix B. Allowable Emissions for Incinerators with Capacities less than 100 lb/hr [REVOKED] Ms. Diana Hinson, staff representative, advised that the proposal would amend Parts 1 and 3 of OAC 252:100-17, Incinerators, to remove obsolete language and clarify the remaining provisions. In addition, the Department is proposing to revoke Appendix A, Allowable Emissions for Incinerators with Capacities in Excess of 100 lb/hr ; and Appendix B, Allowable Emissions for Incinerators with Capacities Less than 100 lb/hr. The current provisions of both appendices are proposed to be combined into a new Appendix A, Allowable Particulate Matter
Emission Rate for Incinerators. Ms. Hinson explained that staff proposed alternative language for Part 3 for Council’s consideration. Ms. Lodes called for a motion. Mr. Branecky moved to adopt the alternative proposal as presented with the revocation of Appendix A and B and a new Appendix A. Mr. Haught made the second.
Transcript pages 8
- 13 David Branecky Sharon Myers Gary Collins Jim Haught Yes

Yes
Yes
Yes Bob Lynch

Montelle Clark
Pete White
Laura Lodes Yes

Yes
Yes
Yes



### OAC 252:100-17. Incinerators, Part 4 [NEW] Ms. Diana Hinson, staff representative, advised that the proposal would add a new Part 4, Biomedical Waste Incinerators, to Subchapter 17, Incinerators. The new part will incorporate the Best Available Control Technology for this type of incinerator originally established under the authority of Subchapter 41, Control of Emission of Hazardous and Toxic Air Contaminants, which was revoked in 2007. The addition of Part 4 would reestablish the Department's authority to require design and emission standards
fo r biomedical waste incinerators and close a regulatory gap in Part 7 of Subchapter 17. Ms. Hinson explained that further consideration is being given in order to make additional clarifications regarding the performance standard; therefore, the Department suggested that Council continue the proposal until the next meeting. Following discussion, Ms. Lodes called for a motion to continue the hearing. Ms. Myers made the motion and Mr. Collins made the
second.
Transcript pages 18 - 28 David Branecky Sharon Mye rs Gary Collins Jim Haught Yes

Yes
Yes
Yes Bob Lynch

Montelle Clark
Pete White
Laura Lodes Yes

Yes
Yes
Yes



### OAC 252:100, Appendix Q. Incorporation By Reference [REVOKED] OAC 252:100, Appendix Q. Incorporation By Reference [NEW] Ms. Nancy Marshment, staff representative, advised that the proposal would update Appendix Q, Incorporation By Reference, to incorporate by reference the latest changes to U.S. Environmental Protection Agency regulations. Ms. Marshment identified the changes in the proposal. Hearing no comments, Ms. Lodes called for a motion. Mr. Collins made motion to adopt the proposal to update the rules for the Incorporation by Reference. Mr. Branecky made
the second.Transcript pages 32 - 38 David Branecky Sharon Myers Gary Collins
Jim Hau ght Yes

Yes
Yes
Yes Bob Lynch

Montelle Clark
Pete White
Laura Lodes Yes

Yes
Yes
Yes



### Presentation on EPA’s proposed sulfur dioxide ambient standards, and OAC 252:100-31.
Control of

Emission of Sulfur Compounds - Brooks Kirlin, Professional Engineer, DEQ Air Quali ty Division provided a PowerPoint presentation. A copy of the presentation is attached.

Division Director's Report

– Mr. Terrill related several items: Reminded everyone to periodically look at the “What’s New” section on the DEQ Air Quality web page Ozone update Reconsidering lead standard Comments on greenhouse gas tailoring rule Submission of Emissions Inventory electronically Director’s Report will be recorded but no longer be a part of the official transcript Gave an update on regional ha ze Advised that SIP would be out by end of the month Beverly Botchlet-Smith provided an update on the Title IV audit requested by the
Counc il Council Budget Committee volunteers were Laura Lodes, Jim Haught, David Branecky, and Gary Collins if a fourth is necessary Dr. Lynch discussed the grant he has for mercury sampling

New Business - Any matter not known about or which could not have been reasonably foreseen prior to the time of posting the agenda.

Adjournment

–

Ms. Lodes adjourned the meeting adjourned at 10:25 p.m. The next regular

mee ting is scheduled for Wednesday, April 21, 2010, in Tulsa, Oklahoma.

Transcripts and Attendance Sheet are attached as an official part of these Minutes.* * * * *

TRANSCRIPT OF PROCEEDINGS

OF THE AIR QUALITY COUNCIL MEETING HELD ON JANUARY 20, 2010, AT 9:00 A.M. IN OKLAHOMA CITY, OKLAHOMA
* * * * *

MYERS REPORTING SERVICE Christy Myers, CSR
P.O. Box 721532 Oklahoma City, Oklahoma 73172

- 1532 (405) 721

- 2882MEMBERS OF THE COUNCIL

DAVID BRANECKY, MEMBER LAURA LODES, CHAIR JIM HAUGHT, VICE

- CHAIR PETE WHITE, MEMBER SHARON MYERS, MEMBER MONTELLE CLARK, MEMBER GARY COLLINS, MEMBER ROBERT LYNCH, MEMBER DEQ STAFF

MYRNA BRUCE

BEVERLY BOTCHLET

- SMITH

EDDIE TERRILL

CHERYL BRADLEY

NANCY MARSHMENT

DIANA HINSON

ROBERT SINGLETARYPROCEEDING

MS. LODES: Let's go ahead and start the meeting. Myrna, will you call the
roll. MS. BRUCE: Good morning. Happy New Year. David Branecky.

MR. BRANECKY: Here. MS. BRUCE: Sharon Myers.

MS. MYERS: Yes. MS. BRUCE: Gary Collins.

MR. COLLINS: Here. MS. BRUCE: Jim Haught.

MS. HAUGHT: Here. MS. BRUCE: Bob Lynch.

DR. LYNCH: Here.
MS. BRUCE: Montelle Clark.

MR. CLARK: Present.
MS. BRUCE: Pete White.

MR. WHITE: Here.
MS. BRUCE: Laura Lodes.

MS. LODES: Here.
MS. BRUCE: We have a full quorum. Well, we do have a vacancy, sorry. A vacancy, but everyone else. MR. LODES: The first item on today's Agenda would be the Election of Officers. I'm going to open it up for nominations.
MR. BRANECKY: I would like to move that Laura Lodes remain as Chair and I would like to nominate Jim Haught to be Vice

- Chair.
MS. MYERS: I'll second that motion. MS. LODES: We have a motion and a second. Myrna, will you call the roll. MS. BRUCE: David Branecky.

MR. BRANECKY: Yes. MS. BRUCE: Sharon Myers.

MS. MYERS: Yes. MS. BRUCE: Gary Collins.

MR. COLLINS: Yes. MS. BRUCE: Jim Haught.
MR. HAUGHT: I'll abstain. MS. BRUCE: Bob Lynch.

DR. LYNCH: Yes.
MS. BRUCE: Montelle Clark.

MR. CLARK: Yes.
MS. BRUCE: Pete White.

MR. WHITE: Yes.
MS. BRUCE: Laura Lodes. MS. LODES: I'm not above voting for myself, so yes. MS. BRUCE: That motion did pass. MS. MYERS: Congratulations. MR. LODES: Thank you. MR. TERRILL: By the way, before we move on I will mention that we do have another Council Member that has been appointed by the Governor to fill out Jerry Purkable's term. And Dave Gamble with ConocoPhillips will be at the next meeting. We got the notice last week -- last Wednesday, I think. That was too late for him to make arrangements to be here, so we do have a full Council and we should have a full crew when we go to Tulsa in April. MS. LODES: The next item on today's Agenda is the Approval of the Minutes.Oh, we have two sets of Minutes. We have the April Minutes and the October

Minutes.
Do we have a motion? Comments? MR. BRANECKY: Are we approving both at the same time? Does it make any
difference? MS. LODES: Doesn't make any difference. MR. BRANECKY: All right. I'll move that we approve both the April 15, 2009 and the October 21, 2009 Minutes.
MS. MYERS: I'll second it. MS. BRUCE: David Branecky.

MR. BRANECKY: Yes. MS. BRUCE: Sharon Myers.

MS. MYERS: Yes. MS. BRUCE: Gary Collins.

MR. COLLINS: Yes. MS. BRUCE: Jim Haught.

MR. HAUGHT: Yes. MS. BRUCE: Bob Lynch.

DR. LYNCH: Yes.
MS. BRUCE: Montelle Clark.

MR. CLARK: Yes.
MS. BRUCE: Pete White.

MR. WHITE: Yes.
MS. BRUCE: Laura Lodes.

MS. LODES: Yes. MS. BRUCE: Motion passed.

MS. BOTCHLET

- SMITH: Okay. We'll begin the hearing now. Good morning. I'm Beverly Botchlet

- Smith. I'm the Assistant Director of the Air Quality Division and as such I'll serve as the Protocol Officer for today's hearings. The hearings will be convened by the Air Quality Council in compliance with
the Oklahoma Administrative Procedures Act in Title 40 of the Code of Federal Regulations, Part 51, as well as the authority of Title 27A of the Oklahoma Statutes, Section 2 -2- 201, Sections 2 -5- 101 through 2 -5- 118. Notice of the January 20, 2010 hearings were advertised in the Oklahoma Register for the purpose of receiving comments pertaining to the proposed OAC Title 252 Chapter 100 rules as listed on the Agenda and will be entered into each record along with the Oklahoma Register filing. Notice of meeting was filed with the Secretary of State on December 3, 2009. The Agenda was duly posted 24 hours prior to the meeting at this facility here at the DEQ. If you wish to make a statement, it is very important that you complete one of the forms that is found at the registration desk and you will be called upon at the appropriate time and at that time, we'd ask for you to come to
the podium to make your statement. Audience members please remember to state your name before your comments. At this time, we will proceed with what’s marked as Agenda Item Number 5A on the Hearing Agenda. And this is OAC 252:100

- 17 Incinerators, Part 1 and Part 3. And Ms. Diana Hinson will give our staff presentation. MS. HINSON: Good morning, Ms. Chairman, Members of the Council, ladies and gentlemen. I am Diane Hinson, an Environmental Program Specialist in the Rules and Planning Section of Air Quality in the Department of Environmental Quality. The Department is proposing to amend Parts 1 and 3 of OAC 252:100

- 17, Incinerators, to remove obsolete language and clarify the remaining provisions. In addition, the Department is proposing to revoke Appendix A, Allowable Emissions for Incinerators with Capacities in Excess of 100 pound per hour;and Appendix B, Allowable Emissions for Incinerators with Capacities less

than 100 pounds per hour. The current provisions of both appendices are proposed to be combined into a new Appendix A, Allowable Particulate Matter Emissions Rate for Incinerators. Notice of the proposed rule changes was published in the Oklahoma Register on December 15, 2009 and comments were requested from members of the public.
Comments were received by email on October 20, 2009 from EPA. On January the 15th, 2010, EPA submitted a letter stating they had no additional comments. Due to concerns, staff has prepared an alternative of Part 3 for consideration by the Council. This clarification reflects the language in the Code of Federal Regulations and effects the definition of the secondary combustion chamber in the section in which this term appears. In your packet you will have a copy of the alternative.
And it reads: 252:100

- 17

- 2.2, Definitions. Secondary Combustion Chamber means a component of the general purpose incinerator that receives combustion gases from the primary combustion chamber and in which the combustion process is completed. In addition to this change some superfluous language was removed in 252:100

- 17

- 5, Incinerator Design and Operation Requirements, which reflects the
alternative definition. This is the third time that the Council has been notified of this proposed revision. No substantive changes have been made. The Department suggests that the Council consider voting to send the proposal with the alternative language to the Environmental Quality Board with the recommendation that it be adopted as a permanent rule.

MS. BOTCHLET

- SMITH: We will now take questions from the Council for Ms. Hinson. Do we have any questions or comments? Are you all still looking? Okay. We'll take a second. While we are giving the Council just a minute to review this, I've just been notified that we didn't get these Notice of Comments out on the table. So for today, if anyone wishes to speak I'm just going to call on you from the audience, so if you'll just raise your hand. And then if you do, just for our record if we can get you to fill one of these out, it just makes it a little bit easier for the Court Reporter if we have it in writing too. Okay. Any questions from the Council? Hearing none, at this time is there anyone in the audience that has a question for Ms. Hinson or a comment on
this rule? And hearing none, there as well, Laura, do you want to call for a motion?
MS. LODES: Do we have a motion? MR. BRANECKY: I do have one question at this point. Can I?

MS. LODES: Yes. MR. BRANECKY: I just want to sure I understand, in the alternative that that
word "Alternative" can be removed from the text? MS. HINSON: That is correct. I just wanted to make it clear to you that was an alternative proposed. MR. BRANECKY: All right. MS. LODES: Any other questions?
Do we have a motion? MR. BRANECKY: I move that we adopt the alternative proposal as presented to
us for the revisions to Subchapter 17 Part 1, presented to us this morning. In addition, the Appendices, Appendix A and B?
MS. HINSON: That is correct. MR. BRANECKY: The revocation of A and B, with the new A by itself (inaudible).
MS. LODES: Do we have a second?

MR. HAUGHT: I'll second that. MS. LODES: Myrna, will you call the roll, please.MS. BRUCE: David Branecky.

MR. BRANECKY: Yes. MS. BRUCE: Sharon Myers.

MS. MYERS: Yes. MS. BRUCE: Gary Collins.

MR. COLLINS: Yes. MS. BRUCE: Jim Haught.

MR. HAUGHT: Yes. MS. BRUCE: Bob Lynch.

DR. LYNCH: Yes.
MS. BRUCE: Montelle Clark.

MR. CLARK: Yes.
MS. BRUCE: Pete White.

MR. WHITE: Yes.
MS. BRUCE: Laura Lodes.

MS. LODES: Yes. MS. BRUCE: Motion passed. (End of Item 5A)DEPARTMENT OF ENVIRONMENTAL QUALITY

STATE OF OKLAHOMA

* * * * *

TRANSCRIPT OF PROCEEDINGS OF THE AIR QUALITY COUNCIL OKLAHOMA CITY, OKLAHOMA
* * * * *

COUNCIL MEMBERS

DAVID BRANECKY, MEMBER LAURA LODES, CHAIR JIM HAUGHT, VICE

- CHAIR PETE WHITE, MEMBER SHARON MYERS, MEMBER MONTELLE CLARK, MEMBER GARY COLLINS, MEMBER ROBERT LYNCH, MEMBER DEQ STAFF

MYRNA BRUCE

BEVERLY BOTCHLET

- SMITH

EDDIE TERRILL

CHERYL BRADLEY

NANCY MARSHMENT

DIANA HINSON

PROCEEDING

MS. BOTCHLET

- SMITH: The next item on the Agenda is Number 5B. This is OAC
252:100

- 17 Incinerators Part 4. And Ms. Diane Hinson will also give the staff presentation for this rule. MS. HINSON: Once again, good morning. The Department is proposing to add a new Part 4, Biomedical Waste Incinerators, to Subchapter 17, Incinerators. The new part will incorporate the Best Available Control Technology for this type of incinerator originally established under the authority of Subchapter 41, Control of Emission of Hazardous and Toxic Air Contaminants, which was
revoked in 2007. In addition, the Department has identified regulatory gaps in Subchapter 17, Part 7, Hospital, Medical and Infectious Waste Incinerators, whenpathological waste, low

- level radioactive waste, and chemotherapeutic waste

is incinerated. The addition of Part 4 will reestablish the Department's authority to require design and emission standards for biomedical waste incinerators and close the regulatory gap in Part 7 of Subchapter 17. Notice that the proposed rule change was published in the Oklahoma Register on December 15, 2009 and comments were requested from members of the public. Comments were received by email on October 20, 2009 from EPA. EPA submitted a letter stating they had no additional comments on January 15, 2010. This is the third time the Council has been notified of the proposed revision. Further consideration is being given in order to make additional clarifications regarding the performance standard. Therefore, the Department suggests continuing the proposal until the next meeting. Thank you.

MS. BOTCHLET

- SMITH: Do we have any questions or comments from the Council for
Ms. Hinson? MR. BRANECKY: What do we need to further clarify? MS. HINSON: The performance standard right now and what we're trying to do is streamline the definition to reflect what it says in the Federal Regulations. And we're wanting to further consider how we are going to state that. MR. BRANECKY: Do we have any biomedical waste incinerators currently in the

state? MS. HINSON: We do have one. Its name is Steracycle.
MR. BRANECKY: Is that the one in Stroud? MS. HINSON: Yes, it is. MS. MYERS: I've got a questions on the section referring to particulate matter. The .08 grains per dry standard cubic foot corrected to 12 percent is
carbon dioxide?

MS. HINSON: Yes. MS. MYERS: Is that normal for this type of operation? MS. HINSON: Yes, it is. And that's what's reflected in the Federal Regulations. MS. MYERS: Okay. MS. LODES: It says that this applies to a new or existing biomedical that is not subject to -- for requirements of Part 7, are exempted from the requirements of Subpart EC for anesthesia's???. And so you're trying to make this so if they are exempted from anesthesia or are you making it to make them go ahead and comply with NSPS?

MS. HINSON: Yes. MS. LODES: Is that what we're doing here?

MS. HINSON: Yes. MS. BRADLEY: Actually the standards were developed prior to the enactment of
the NSPS and were based on -- in part Subchapter 41, which was revoked in
2000 -- well some years ago. What we are attempting to do is we realize that the sources that weren’t subject to NSPS or weren't subject to our state rule Part 7, were not adequately covered under our general incinerator provisions. We had one existing source which had been permitted under our former state on the toxics rules and we were taking the requirements that were reflected in the permit there and using them as a model for the biomedical waste incinerators. They're -- so there really was a gap. NSPS would not -- does not apply to these sources. And we are not requiring additional controls under the Part 4, Ms. Lodes. We are requiring them to meet an initial standard that was established to be appropriate under an evaluation for toxic emissions. And that particular analysis was conducted jointly to address the concerns of the Land Protection Division when they were developing appropriate regulations to address biomedical waste disposal as well as the air emission concerns. So that's sort of a long way -- we're not finding another way in order to applythe NSPS to these sources. We are applying state developed standards that we

have determined were appropriate for this type of waste, but not requiring
additional controls. MS. LODES: Thank you. MR. HAUGHT: I have another question. Do the larger hospitals in the state here tend to use commercial disposal options or do they have incinerators on site that would fall under this regulation? MS. BRADLEY: Diana, would you like for me to answer that? MS. HINSON: Yes, please. I think you're a little bit more clear on the history. MS. BRADLEY: I had worked on the hospital incinerator rules some time ago and as a result of EPA's promulgation of the hospital incinerator rules, every hospital in Oklahoma chose to close its incinerator. We then -- for the most part the waste is -- does not fall into the categories that we're attempting to address in this biomedical incinerator rule. That waste is primarily plastic and paper. The primary method for treating that waste in Oklahoma is the Autoclave. But there is some waste that is not appropriately disposed of. It's sterilized and then disposed of in a landfill. That waste needs to be incinerated and most of the hospitals now use some commercial service; either Steracycle service or another service located out of state to dispose of
their waste. MR. WHITE: I checked with the 18:47 Oklahoma Hospital Associate and asked them, and they knew of no Oklahoma City -- Oklahoma hospitals that have an incinerator like this. They didn't think that there were any. MR. HAUGHT: Yeah. I think they did at one point or some of them did at one point and that's why -- I just want to be concerned they were advised of this and if there were any and so that's good to know that there aren't. MS. BRADLEY: Initially there were approximately 30 hospitals. And I spoke with representatives from each hospital that we were aware of as we were implementing the hospital incinerator rule. And because of the cost of doing the testing and the training and meeting the training requirements every hospital without exception decided to discontinue using their on

- premises incinerator. Secondarily to that, the Department also sent a representative
from our Division out to confirm that each of the units had been disabled in

some way -- permanently disabled so they couldn't be used, so we did not embark?? on them notification of the hospitals because we didn't feel that this sector was actually going to be impacted. MR. BRANECKY: I have one more question. The Title Part 4, Biomedical waste
Incinerators down in 252:100

- 17

- 11, emission limits, it talks about emissions

from medical waste incinerators. Is there a difference in the medical waste
and the biomedical waste incinerator? Do we need to

-- does that need to be biomedical waste or is there (inaudible)? MS. HINSON: What section was that, again?
MR. BRANECKY: 252:100

- 17

- 11, Emission Limits. It says emissions from any medical waste incinerator. Does it make a difference if it's just a medical versus biomedical? I'm just -- I don't know. I'm asking. MS. HINSON: Right. I think that that is something we do need to take into
consideration and when we re

- present that -- MR. BRANECKY: Because the intent of this chapter is biomedical waste? MS. HINSON: That's right. MR. BRANECKY: So maybe we just need to make that any biomedical waste
incinerator. MS. HINSON: Right. So that it's -- MR. BRANECKY: To keep -- MS. LODES: I assume like the hospitals, that the Universities have also shut down there incinerators or do they have biomedical incinerators? (Inaudible) or they just don't have them anymore?MS. BRADLEY: Yes. They discontinued and they were part of our initial

inventory so they were contacted and actually we -- participated in some initial meetings and briefings so they were well aware of it. MS. LODES: I just remember using the one at OU when I was on the Norman Campus. At one point in time there was one. MS. BRADLEY: I believe the industry has made it cost effective and much more convenient to allow somebody else to handle the waste of them. The primary reason for discontinuing was the requirement to do dioxin testing and it's very expensive. And it would take -- it was difficult to justify for the hospital managers and the universities to continue operations.

MS. BOTCHLET

- SMITH: Do we have any further questions from the Council? What about questions from the public? Anyone have a question or a comment? Hearing none, if the Council doesn't have further questions, Laura, do you
want to call for a motion? MS. LODES: DEQ has recommended that we carry this forward. Do we have a
motion?

MS. MYERS: I so move.
MS. LODES: Do we have a second?
MR. COLLINS: Second. MS. LODES: We have a motion and a second. Myrna, will you call the roll. MS. BRUCE: David Branecky.

MR. BRANECKY: Yes. MS. BRUCE: Sharon Myers.

MS. MYERS: Yes. MS. BRUCE: Gary Collins.

MR. COLLINS: Yes. MS. BRUCE: Jim Haught.

MR. HAUGHT: Yes. MS. BRUCE: Bob Lynch.

DR. LYNCH: Yes.
MS. BRUCE: Montelle Clark.

MR. CLARK: Yes.
MS. BRUCE: Pete White.

MR. WHITE: Yes.
MS. BRUCE: Laura Lodes.

MS. LODES: Yes. MS. BRUCE: Motion passed. (End of Item 5B)DEPARTMENT OF ENVIRONMENTAL QUALITY

STATE OF OKLAHOMA

* * * * *

TRANSCRIPT OF PROCEEDINGS OF THE AIR QUALITY COUNCIL HELD ON JANUARY 20, 2010, AT 9:00 A.M.

ITEM 5C IN OKLAHOMA CITY, OKLAHOMA
* * * * *

COUNCIL MEMBERS

DAVID BRANECKY, MEMBER LAURA LODES, CHAIR JIM HAUGHT, VICE

- CHAIR PETE WHITE, MEMBER SHARON MYERS, MEMBER MONTELLE CLARK, MEMBER GARY COLLINS, MEMBER ROBERT LYNCH, MEMBER DEQ STAFF

MYRNA BRUCE

BEVERLY BOTCHLET

- SMITH

EDDIE TERRILL

CHERYL BRADLEY

NANCY MARSHMENT

DIANA HINSON

PROCEEDING

MS. BOTCHLET

- SMITH: Okay. The next item on the Agenda is 5C. This is OAC 252:100, Appendix Q, Incorporation by Reference. And Ms. Nancy Marshment will give the staff presentation. MS. MARSHMENT: Good morning Madam Chair, Members of the Council, ladies and gentlemen. My name is Nancy Marshment and I am an Environmental Programs Specialist with the Air Quality Division. The Department is proposing to revoke the current Chapter 100, Appendix Q, Incorporation by Reference, and adopt a new Appendix Q. This proposal is part of the annual update of Title 40, Code of Federal Regulations, Incorporations by Reference in Chapter 100.The update will incorporate those federal regulations listed in Appendix Q as

they existed on December 10, 2009, and any amendments to standards listed will be incorporated. On the new Appendix Q that was enclosed in your packet, you may have noticed that the list of IBRs in the appendix has been rearranged. This was done to reflect the order in which the subparts appear in the Code of Federal Regulations. We hope that will make it easier for everyone to read and
follow. In your folder that is on your table is a copy of Appendix Q highlighting the changes and additions and that's the old version. Staff felt that this unofficial version with all changes clearly identified would be helpful for discussion purposes, since the proposed new appendix does not show the changes. The Oklahoma Administrative Rules on Rulemaking dictate this procedure of revoking the old and creating an entirely new appendix. Staff proposes to remove Appendix S to 40 CFR, Part 51 from the list of federal regulations to be incorporated by reference. Appendix S would only come into play in our permitting program if we had a nonattainment area and if the preconstruction review provisions of our State Implementation Plan do not meet EPA requirements. In that event, EPA would either implement Appendix S or delegate it to the State. In either case there would be no need to incorporate Appendix S into our rule by reference. In other words, it appears that Appendix S should not have been incorporated by reference into Chapter 100 in the first place. The following 40 CFR rules are being proposed for incorporation by reference in Appendix Q. Number 1, 40 CFR 60, subpart GGGa, Standards of Performance for Equipment leaks of VOCs in Petroleum Refineries for which construction, reconstruction or modification commenced after November 7, 2006. And just a little note there, you may notice that in some cases the word "which" is capitalized and in other cases it's not. We just totally copied what they have in the Federal Regulations. So that is not our choice. Number 2, 40 CFR 60, subpart VVa, Standards of Performance for Equipment Leaks of VOC in the Synthetic Organic Chemicals Manufacturing Industry for Which Construction, reconstruction, or Modification Commenced After November 7, 2006. Number 3, 40 CFR 63, Subpart AAAAAAA, National Emission Standards for Hazardous Air Pollutants for Area Sources: Asphalt Processing and Asphalt Roofing Manufacturing. Number 4, 40 CFR 63, Subpart CCCCCCC, National Emission Standards for Hazardous Air Pollutants, Area Source Standards for Paints and Allied Products Manufacturing. Number 5, 40 CFR 63, Subpart VVVVVV, National Emission Standards for Hazardous Air Pollutants for Chemical Manufacturing Area sources. Number 6, 40 CFR 63, Subpart YYYYYY, National Emission Standards for Hazardous Air Pollutants for Area Sources, Ferroalloys Production Facilities. And Number 7, 40 CFR 63, Subpart ZZZZZZ, National Emission Standards for Hazardous Air Pollutants, Area Source Standards for Aluminum, Copper, and
Other Nonferrous Foundries. Also, the titles for several other subparts have been modified to reflect more precisely the titles as they appear in the Code of Federal Regulations. Those changes are also highlighted in your handout. Notice was published in the Oklahoma Register on December 15, 2009 for these proposed changes. The notice requested written comments from the public and other interested parties. No comments have been received as of today. The correspondence from EPA that's in your folders indicates that they had no comments regarding this rule.Staff requests that the Council vote to send this rule to the Environmental

Quality Board with a recommendation that the changes be adopted as a permanent rule.

MS. BOTCHLET

- SMITH: Do we have any questions from the Council for Ms.
Marshment? Hearing none, do we have any questions or comments from public? Again hearing none, Laura. MS. LODES: The Agency has asked that we move to adopt this change. Do we have

a motion? MR. COLLINS: I'll make a motion that we adopt the Department's proposal to update the rules for the Incorporation by Reference.
MS. LODES: We have a motion. Is there a second? MS. MYERS: And that also includes the removal of (inaudible); is that

c orrect?

MR. COLLINS: Yes.
MS. LODES: I have a motion. Do I have a second?
MR. BRANECKY: Second. MS. LODES: I have a motion and a second. Myrna, will you call the roll. MS. BRUCE: David Branecky.

MR. BRANECKY: Yes. MS. BRUCE: Sharon Myers.

MS. MYERS: Yes.

M S. BRUCE: Gary Collins.

MR. COLLINS: Yes. MS. BRUCE: Jim Haught.

MR. HAUGHT: Yes. MS. BRUCE: Bob Lynch.

DR. LYNCH: Yes.
MS. BRUCE: Montelle Clark.

MR. CLARK: Yes.
MS. BRUCE: Pete White.

MR. WHITE: Yes.
MS. BRUCE: Laura Lodes.

MS. LODES: Yes. MS. BRUCE: Motion passed.

MS. BOTCHLET

- SMITH: This concludes the hearing portion of today's meeting. The next item is a separate presentation that is not -- it's for informational purposes only. (End of Rulemaking hearing)C E R T I F I C

STATE OF OKLAHOMA ) ) ss: COUNTY OF OKLAHOMA )

I, CHRISTY A. MYERS, Certified Shorthand Reporter in and for the State of Oklahoma, do hereby certify that the above meeting is the truth, the whole truth, and nothing but the truth; that the foregoing meeting was taken down in shorthand by me and thereafter transcribed under my direction; that said meeting was taken on the 20th day of January, 2010, at Oklahoma City, Oklahoma; and that I am neither attorney for, nor relative of any of said parties, nor otherwise interested in said action. IN WITNESS WHEREOF, I have hereunto set my hand and official seal on this, the 21st day of January, 2010.

CHRISTY A. MYERS, C.S.R.
Certificate No. 00310m

### 1 SUMMARY OF COMMENTS AND STAFF RESPONSES

**FOR PROPOSED REVISION TO SUBCHAPTER 17**

**INCINERATORS**

**COMMENTS RECEIVED PRIOR TO AND AT THE OCTOBER 21, 2009** 
**AIR QUALITY ADVISORY COUNCIL MEETING**

**Written Comments**

**Environmental Protection Agency** - Email received on October 20, 2009 from Carrie Paige, Environmental Scientist

**1. COMMENT:**  "100-17-2-2 Part 3 (Definitions) – Primary combustion chamber - the proposed revisions delete the term "waste" and replace it with "refuse." Please define "refuse" as it's
not clear what this term includes/excludes ."

**RESPONSE:** The term "refuse" is defined in OAC 252:100-1-3.

### 1 **TITLE 252. OKLAHOMA DEPARTMENT OF ENVIRONMENTAL QUALITY**

**CHAPTER 100. AIR POLLUTION CONTROL**

**SUBCHAPTER 17. INCINERATORS**

**PART 4. BIOMEDICAL WASTE INCINERATORS**

**252:100-17-8. Applicability** This part applies to any new or existing biomedical waste in cinerator that is not subject to the requirements of Part 7 of this subchapter or is exempted from the requirements of Subpart Ec of 40 CFR Part 60.

**252:100-17-9. Definitions** The following words and terms when used in this part sh all have the following meaning unless the context clearly

indicates otherwise: **"Antineoplastic agents"** means drugs used to inhibit and combat the development of neoplasms.

**"Biomedical radioactive waste"** means low-level radioactive waste as defined in 40 CFR 60.51c.

**"Biomedical waste"** means medical/infectious waste as defined in 40 CFR 60.51c, Chemotherapeutic waste and

biomedical radioactive waste.

**"Biomedical waste incinerator"** means an incinerator used to burn biomedical waste. **"Chemotherapeutic waste"** means waste material resulting from the production or use of antineoplastic agents. **"Neoplasms"** means tumors consisting of an abnormal proliferat ion of cells. The growth of this clone of cells

exceeds, and is uncoordinated with, that of the normal ti ssues around it. Neoplasms may be benign, pre-malignant or malignant.

**252:100-17-10. Design and operation**  An incinerator subject to this part shall be designed and built with a primary combustion chamber and secondary combustion chamber(s) each equipped with burners or other comb ustion devices that maintain the applicable temperature and retention time specified in (1) through (3) of this section in both the primary and secondary combustion chamber(s) at all time s when biomedical waste is being incinerated.
(1) The temperature in the primary combustion chamber shall not be less than 1,200 o 

### F. (2) The temperature in the secondary combustion chamber(s) shall not be less than 1,800 o 

### F with a retention time of not less than one (1) second when processing biomedical waste containing no chemotherapeutic waste.
(3) The temperature in the secondary combustion chamber(s) shall not be less than 2,000 o 

### F with a retention time of not less than two (2) seconds when processing biomedical waste containing chemotherapeutic waste.

**252:100-17-11. Emission limits**  Emissions from any biomedical waste incinerator subject to the requirements of this part shall not exceed the limits specified in (1) through (3) of this section. Any required performance testing shall be conducted while the incinerator is operating between 90% and 100% of operating capacity, or under other representative operating conditions specified by an applicable permit or testing method.
(1) **Hydrochloric acid (HCl).** Emissions of HCl shall not exceed 4.0 lb/hr.
(2) **Particulate matter.** Emissions of particulate matter shall not exc eed 0.08 gr/dscf (grains per dry standard cubic foot) corrected to12% carbon dioxide in the emission gas stream.
(3) **Carbon monoxide (CO).** Emissions of CO shall not exceed 100 ppm by volume corrected to standard

### 2 conditions in the emission gas stream.10Apr_SC17_P4_RUL.wpd March 12,
2010 

### 1 TITLE 252. OKLAHOMA DEPARTMENT OF ENVIRONMENTAL QUALITY
CHAPTER 100. AIR POLLUTION CONTROL
SUBCHAPTER 17. INCINERATORS

PART 4. BIOMEDICAL WASTE INCINERATORS [NEW]

252:100-17-8. Applicability This part applies to any new or existing biomed ical waste incinerator that is not subject to the requirements of Part 7 of this subchapter or is exempted from the requirements of Subpart Ec
of 40 CFR Part 60.

252:100-17-9. Definitions The following words and terms when used in this part shall have the following meaning unless the context clearly indicates otherwise: "Antineoplastic agents" means drugs used to inhibit and combat the development of neoplasms.
"Biomedical radioactive waste" means low-level radioactive waste as defined in 40
CFR 60.51c.
"Biomedical waste" means medical/infectious wast e as defined in 40 CFR 60.51c, Chemotherapeutic waste and biomedical radioactive waste.
"Biomedical waste incinerator" means an incinerator used to burn biomedical waste. "Chemotherapeutic waste" means waste material resulting from the production or use of antineoplastic agents. "Neoplasms" means tumors consisting of an a bnormal proliferation of cells. The growth of this clone of cells exceeds, and is uncoordinated with, that of the normal tissues around it. Neoplasms may be benign, pre-malignant or malignant.

252:100-17-10. Design and operation An incinerator subject to this part shall be designed and built with a primary combustion chamber and secondary combustion chamber(s) each equipped with burners or other combustion devices that maintain the applicable temperature and retention time specified in (1) through (3) of this section in both the primary and sec ondary combustion chamber(s) at all times when biomedical waste is being incinerated. (1) The temperature in the primary combustion chamber shall not be less than 1,200 o 

### F. (2) The temperature in the secondary com bustion chamber(s) shall not be less than 1,800 o 

### F with a retention time of not less than one (1) second when processing biomedical waste containing no chemotherapeutic waste. (3) The temperature in the secondary com bustion chamber(s) shall not be less than 2,000 o 

### F with a retention time of not less than two (2) seconds when processing biomedical waste containing chemotherapeutic waste.

252:100-17-11. Emission limits Emissions from any biomedical waste incinerato r subject to the requirements of this part shall not exceed the limits specified in (1) through (3) of this section. Any required performance testing shall be conducted while the incinerator is operating between 90% and10Apr_SC17_P4_RUL.wpd March 12,
2010 

### 2 100% of operating capacity, or under other representative operating conditions specified by an applicable permit or testing method. (1) Hydrochloric acid (HCl). Emissions of HCl shall not exceed 4.0 lb/hr. (2) Particulate matter. Emissions of particulate ma tter shall not exceed 0.08 gr/dscf (grains per dry standard cubic foot) corrected to12% carbon dioxide in the emission gas stream. (3) Carbon monoxide (CO). Emissions of CO shall not exceed 100 ppm by volume corrected to standard conditions in the emission gas stream.

### MINUTES AIR QUALITY COUNCIL
OSU

– Tulsa Campus
700 North Greenwood Drive Tulsa, Oklahoma

April 21 , 2010 To EQBoard June 15, 201 0 August 24, 2010 AQC Approv ed
July 21 , 2010 October 27, 2010



### Notice of Public Meeting The Air Quality Council convened for its regular meeting at 9:00 a.m.

on April 21, 2010, at the Oklahoma State University Tulsa Campus, 700 North Greenwood Drive, Tulsa

, Oklahoma. Notice of the meeting was forwarded to the Office of the Secretary of State giving the date, time, and place of the meeting on December 3, 2010. Agendas were posted at the meeting facility and at the DEQ Central Office in Oklahoma City at least twenty -four hours prior to the meeting. Ms. Beverly Botchlet -Smith convened the hearings by the Air Quality Council in compli an ce with the Oklahoma Administrative Procedures Act and Title 40 CFR Part 51, and Title 27A, Oklahoma Statutes, Sections 2 -5- 201 and 2 -5-101-2-5- 118. Ms. Smith entered the Agenda and the Oklahoma Register Notice into the record and announced that forms we re available at the sign

- in table for anyone wishing to comment on any of the rules. Ms. Laura Lodes, Chair, called the meeting to order. Mr. Terrill introduced new member, David Gamble.
Ms. Bruce called ro ll stating that a quorum was present.

MEMBER S PRESENT David Branecky
Montelle Clark
David Gamble
Laura Lodes Jim Haught Sharon Myers

MEMBERS ABSENT Gary Collins Bob Lynch
Pete White DEQ STAFF PRESENT
Eddie Terrill Beverly Botchlet

- Smith
Scott Thomas Cheryl Bradley Rob Singletary

OTHERS PRESENT
Ch risty Myers, Court Reporter DEQ STAFF PRESENT
Diana Hinson
Brooks Kirlin Nancy Marshment
Dawson Lasseter Myrna Bruce

Transcripts and Attendance Sheet are attached as an official part of these Minutes



### Approval of Minutes

– January 20, 2010 Regular Meeting Ms. Lodes called for a motion for approval. Mr. Branecky moved to approve and Mr. Haught made the second.
David Branecky Sharon Myers
Montelle Clark Yes
Yes
Yes Jim Haught
David Gamble
Laura Lodes Yes
Yes Abstain
Yes



### OAC 252:100 -17. Incinerators, Part 4 [NEW] Ms. Diana Hinson, staff representative, advised that the proposal would add a new Part 4, Biomedical Waste Incinerators, to Subchapter 17, Incinerators. The new part will incorporate the control requirements for this type of
in cinerator originally established under the authority of Subchapter 41, Control of Emission of Hazardous and Toxic Air Contaminants, which was revoked in 2007. The addition of Part 4
would reestablish the Department's authority to require design and emission standards for
biomedical waste incinerators and close a regulatory gap in Part 7 of Subchapter 17. Ms. Hinson explained that further consideration is being given in order to make additional clarifications

### regarding emission limits and units of measuremen t. T he Department recommended that Council forward to the Environmental Quality Board for permanent adoption

. Following discussion, Ms.
Lodes called for a motion for approval

. Mr. Haught made the motion and Ms. Myers made the
second.
Transcript pages 6
- 12 David Branecky Sharon Myers
Montelle Clark Yes
Yes
Yes Jim Haught
David Gamble
Laura Lodes Yes
Yes Abstain
Yes



### Ozone Season Update

-- Mr. Scott Thomas, Environmental Programs Manager, gave a presentation regarding this ozone season. He and Mr. Ter rill fielded questions and comments.

Greenhouse Gas Tailoring Rule and Other Permitting News

– Mr. Phillip Fielder, Engineering Manager, provided an update. Mr. Terrill and staff fielded questions and comments.

Division Director's Report

– Mr. Terrill r elated that most of his report was covered in the presentations. He did touch on the mercury study and Ms. Botchlet

- Smith gave an update on the audit scheduling.

New Business
- Any matter not known about or which could not have been reasonably foreseen prior to the time of posting the agenda.

Adjournment

– Ms. Lodes adjourned the m eeting adjourned at 11:20 a.m. The next regular meeting is scheduled for Wednesday, July 21, 2010, in Tulsa , Oklahoma.

Transcripts and Attendance Sheet are attached as an official part of these Minutes.

### DEPARTMENT OF ENVIRONMENTAL QUALITY

STATE OF OKLAHOMA

* * * * *

TRANSCRIPT OF PROCEEDINGS

OF THE AIR QUALITY COUNCIL MEETING HELD ON APRIL 21, 2010, AT 9:00 A.M.
IN TULSA, OKLAHOMA

* * * * *

MYERS REPORTING SERVICE Christy Myers, CSR

P.O. Box 721532 Oklahoma City, Oklahoma 73172

- 1532 (405) 721

- 2882

### MEMBERS OF THE COUNCIL
DAVID BRANECKY, MEMBER
LAURA LODES, CHAIR
JIM HAUGHT, VICE

- CHAIR
PETE WHITE, MEMBER
SHARON MYERS, MEMBER
MONTELLE CLARK, ME MBER
GARY COLLINS, MEMBER
ROBERT LYNCH, MEMBER
DAVID GAMBLE, MEMBER

DEQ STAFF

MYRNA BRUCE

BEVERLY BOTCHLET

- SMITH

EDDIE TERRILL

CHERYL BRADLEY

NANCY MARSHMENT

DIANA HINSON

ROBERT SINGLETARY

### PROCEEDING

MS. LODES: Go ahead and call
this meeting to order. Myrna will you call

role.

MS. BRUCE: David Branecky.

MR. BRANECKY: Here.

MS. BRUCE: Sharon Myers.

MS. MYERS: Here.

MS. BRUCE: Montelle Clark.

MR. CLARK: Here.

MS. BRUCE: Bob Lynch is absent. Jim Haught.

MR. HAUGH T: Here.

MS. BRUCE: David Gamble.

MR. GAMBLE: Here.

MS. BRUCE: Gary Collins is
absent. Pete White is absent. Laura

Lodes.

MS. LODES: Here.

MS. BRUCE: We have a quorum.

MR. TERRILL: Before we start off with the approval of the minutes, I might
mention this is Dave Gamble's first

### meeting. He's been nominated by the Governor to fill out the term of Jerry Purkaple. They both work for ConocoPhillips out of

-- in Ponca City. So he'll be representing the refining industry. And he came to Ponca City in 1982 to be part of the corporate engineering group and from northern Minnesota so the change in a lot of things were pretty dramatic. But he moved steadily up the organization and held various engineering positions. Then in

2002 th ey moved him to environmental group

-- I know our permitting folks that work with Dave quite a bit, and we feel a little
fortunate to have him and think he'll be doing a really good job representing that

sector.

He's married with two kids and we're just glad to have you. MR. GAMBLE: Thank you, I'm glad
to be here.
MR. TERRILL: I'll turn it back
over to you. MS. LODES: Good to have you

here.

And next item on the Agenda is the Approval of Minutes from the January 20, 2010 regular meeting. Do we have any
comments or discussion on the minutes?

Seeing no comments.
MR. BRANECKY: I move for approval. MS. LODES: Okay, I have a

motion. Do I have a second?

MR. HAUGHT: I second.
MS. LODES: I have a motion and a

second. Myrna, will yo u call the roll. MS. BRUCE: David Branecky.

MR. BRANECKY: Yes. MS. BRUCE: Sharon Myers.

### MS. MYERS: Yes.
MS. BRUCE: Montelle Clark.

MR. CLARK: Yes. MS. BRUCE: Jim Haught.

MR. HAUGHT: Yes. MS. BRUCE: David Gamble.
MR. GAMBLE: Abstain.
MS. BRUCE: Laura Lodes.

MS. LODES: Yes.

MS. BRUCE: Motion passed.

MS. BOTCHLET

- SMITH: Ready for the hearing?

MS. LODES: We're ready for the hearing.

MS. BOTCHLET

- SMITH: Good morning, I'm Beverly Botchlet

- Smith. I'm the Assistant Director of the Air Q uality
Division and as such I'll serve as the Protocol Officer for today's hearing.

The hearings will be convened by the Air Quality Council in compliance with
Oklahoma Administrative Procedures Act and
Title 40 of the Code of Federal Regulations, Part 51, as well as the authority of the Title 27A of the Oklahoma Statutes, Section 2 -2- 201, Sections 2 -5- 101 through 2 -5- 118.

Notice of the April 21, 2010 hearings was advertised in the Oklahoma Register for the purpose of receiving
comments pe rtaining to the proposed OAC Title 252 Chapter 100 rules, as listed on the Agenda and will be entered into each record along with the Oklahoma Register

### filing. Notice of Meeting was filed with the Secretary of State on December 3, 2009. The Agend a was duly posted 24 hours prior to the meeting at this facility and at the
DEQ.

If you wish to make a statement, it's very important that you complete the form at the registration table, and you will be called upon at the appropriate
time. And au dience members, we ask that you please come to the podium for your comments and please state your name prior to making those comments.

At this time we will proceed with what's marked as Agenda Item 4A on the Hearing Agenda. That is OAC 252:100

- 17 Incinerators, Part 4. The presentation will be made by Ms. Diana Hinson of our

staff.

MS. HINSON: Good morning Madam Chairman, Members of the Council, ladies and gentlemen. I'm Diana Hinson, an environmental programs specialist in the

Rules and Pl anning Section of the Air Quality Division at the Department of

Environmental Quality.

The Department is proposing to add a new Part 4, Biomedical Waste Incinerators, to Subchapter 17, Incinerators. The new part will incorporate the control

req uirements for this type of incineration originally established under Subchapter 41,
Control of Emission of Hazardous and Toxic Air Contaminants, which was revoked in

2007.

In addition, the Department has identified regulatory gaps on Subchapter

17 , Part 7, Hospital, Medical and
Infectious Waste Incinerators when pathological waste, low

- level radioactive

### waste, and chemotherapeutic waste is
incinerated. The addition of Part 4 will reestablish design and emission standards
for biomedical waste incinerators and close the regulatory gap in Part 7 of Subchapter

17. Concerns voiced by the Council in prior meetings have resulted in clarification of the rule regarding
emission limits and units of measurement.

Also, upon further investigation, another facility utilizing a biomedical waste
incinerator was identified. Both
facilities have been notified of the proposal.

Notice of the proposed rule change was published in the Oklahoma Register on March 15, 2010 and comments were requeste d from members of the public. Comments were received by email on October 20, 2009 from
EPA. EPA has also submitted letters of support of the proposal on January 15 and April 16, 2010.

This is the second hearing for the Council to review this propo sal. The Department requests that the Council consider voting to send the proposal to the Environmental Quality Board with a recommendation that it be adopted as a permanent rule. Thank you.

MS. BOTCHLET

- SMITH: At this time we will take questions and comments from
the Council.

MR. BRANECKY: I noticed under
Section 17

- 11, Emission Limits, Number 3,

### Carbon Monoxide, it's not underlined. Is

that -- was that existing or is that not
new or what is it?

MS. HINSON: Everything for Part
4 is new and there were some software self recognizing issues that we have identified and we will make changes.

MR. BRANECKY: Okay, so it should be underlined, it's just all new.

MS. HINSON: Right.

MR. BRANECKY: Thank you.

MS. LODES: Do we have any additional questions from the Council?

MS. BOTCHLET

- SMITH: Okay, I
haven't received notice of

-- I'm sorry,
Sharon.

MS. MYERS: Based on the Minutes from the previous meeting, it stated that we're carrying it over in order to make
additional clarifications regarding the performance standard. Were those clarifications made or is this exactly the

same as we read before?

MS. HINSON: I clarified the
units of measurement.

MS. MYERS: Okay. Thank you.

MS. HINSON: You're welcome.

MS. BOTCHLET

- SMITH: I hadn't received any notice of anyone from the public was interested in commenting. Is there anyone who's decided to comment at

### this time?

Seeing no hands, I would turn it
back to the Council for one last opportunity to questions, comments. Seeing

none, Laura -

MS. LODES: No other

-- no additional comments. The Agency has asked that we approve this rule. Do we have a
motion?

MR. HAUGHT: I'm going to make the motion to approve the Part 4 changes as presented today.

MS. MYERS: I'll second it.

MS. LODES: I have a motion and a second. Myrna, will you call the roll.

MS. BRUCE: David Branecky.

MR. BRANECKY: Yes.

MS. BRUCE: Sharon Myers.

MS. MYERS: Yes.

MS. BRUCE: Montelle Clark.

MR. CLARK: Yes.

MS. BRUC E: Jim Haught.

MR. HAUGHT: Yes. MS. BRUCE: David Gamble.
MR. GAMBLE: Abstain.

MS. BRUCE: Laura Lodes.

MS. LODES: Yes. MS. BRUCE: Motion passed.

MS. BOTCHLET

- SMITH: And with

that, the hearing is concluded

-- is concluded for the hearings today.

### (Items 1

- 4 Concluded)

C E R T I F I C A T E STATE OF OKLAHOMA ) ) ss: COUNTY OF OKLAHOMA )

I, CHRISTY A. MYERS, Certified Shorthand Reporter in and for the State of Oklahoma, do hereby certify that the above meeting is the truth, the whole truth, and nothing but the truth; that the foregoing meeting was taken down in shorthand by me and thereafter transcribed under my direction; that said meeting was taken on the 21st day of April, 2010, at Tulsa, Oklahoma; and that I am neither attorney

for , nor relative of any of said parties,
nor otherwise interested in said action.

IN WITNESS WHEREOF, I have hereunto set my hand and official seal on this, the 24th day of April, 2010.

CHRISTY A. MYERS, C.S.R. Certificate No. 0031010Apr_SC17_COM_RES.WPD April 6, 2010 

### 1 SUMMARY OF COMMENTS AND STAFF RESPONSES

**FOR PROPOSED REVISION TO SUBCHAPTER 17**

**INCINERATORS**

**COMMENTS RECEIVED PRIOR TO AND AT THE OCTOBER 21, 2009** 
**AIR QUALITY ADVISORY COUNCIL MEETING**

**Written Comments**

**Environmental Protection Agency** - Email received on October 20, 2009 from Carrie Paige, Environmental Scientist

**1.** COMMENT: "Part 4, 17-10 (Design and operation) The term ‘ chemotrophic waste ’ is used in both paragraphs (2) and (3). Please define chemotrophic waste."

RESPONSE: The term "chemotrophic" is being replaced with "chemotherapeut ic" and is
defined in OAC 252:100-17-9.

Oral Comments

There were no oral comments from the public at the October 21, 2009 Air Quality Advisory Council meeting.

**COMMENTS RECEIVED PRIOR TO AND AT THE**
**JANUARY 20, 2010 and APRIL 21, 2010**

**AIR QUALITY ADVISORY COUNCIL MEETINGS**

No written or oral comments were received from the public prior to or at the January 2010 or at the April 2010 meeting.

## Permanent Final Adoptions

252:4-7-61. Brownfields applications - Tier I [REVOKED]
A T i e r I a p p l i c a t i o n s h a l l b e r e q u i r e d f o r a M e m o r a n d u m

o f A g r e e m e n t f o r s i t e c h a r a c t e r i z a t i o n

.

252:4-7-62. Brownfields applications - Tier II [REVOKED]
A T i e r I I a p p l i c a t i o n s h a l l b e r e q u i r e d f o r a l l C e r t i f i c a t e s

.

252:4-7-63. Brownfields applications - Tier III [REVOKED]
N o n e

.
[OAR Docket #11-342; filed 4-7-11]



### TITLE 252. DEPARTMENT OF ENVIRONMENTAL QUALITY CHAPTER 100. AIR POLLUTION CONTROL

[OAR Docket #11-343]

RULEMAKING ACTION: PERMANENT final adoption RULES: Subchapter 17. Incinerators Part 4. Biomedical Waste Incinerators [NEW] 252:100-17-8. Applicability [NEW] 252:100-17-9. Definitions [NEW] 252:100-17-10. Design and operation [NEW]
252:100-17- 11. Emission limits [NEW]
AUTHORITY: Environmental Quality Board and Air Quality Advisory Council powers and duties, 27A O.S.,§§ 2-2-101 and 2-2-201; and Oklahoma Clean Air Act, 27A O.S.,§§ 2-5-101 et seq

. DATES: Comment period: September 15, 2009 through April 21, 2010 August 24, 2010 Public hearing: October 21, 2009 January 20, 2010 April 21, 2010 August 24, 2010 Adoption: August 24, 2010 Submitted to Governor: August 30, 2010 Submitted to House: August 30, 2010 Submitted to Senate: August 30, 2010 Gubernatorial approval: October 12, 2010 Legislative approval: Failure of the Legislature to disapprove the rules resulted in approval on April 1, 2011 Final adoption: April 1, 2011
Effective: July 1, 2011 SUPERSEDED EMERGENCY ACTIONS:
N/A INCORPORATIONS BY REFERENCE:
N/A ANALYSIS: The DEQ proposes to add a new Part 4, Biomedical Waste Incinerators, to OAC 252:100-17, Incinerators. The proposed rulemaking will include design requirements, emission stand ards and control technology for this type of incinerator. Additionally, the proposed rulemaking will close certain regulatory gaps in Subchapter 17, Part 7 (Hospital, Medical and Infectious Waste Incinerators) when pathological waste, low-level radioactive waste and chemotherapeutic wastes are incinerated. CONTACT PERSON: Cheryl Bradley, Department of Environmental Quality, Air Quality Division, 707 North Robinson, P.O. Box 1677, Oklahoma City, Oklahoma 73101-1677, (405) 702-4100.

PURSUANT TO THE ACTIONS DESCRIBED HEREIN,
THE FOLLOWING RULES ARE CONSIDERED FINALLY ADOPTED AS SET FORTH IN 75 O.S., SECTION 308.1(A), WITH AN EFFECTIVE DATE OF JULY 1, 2011:



### SUBCHAPTER 17. INCINERATORS

P

A R T 4

. B I O M E D I C A L W A S T E I N C I N E R A T O R S

2 5 2 : 1 0 0

- 1 7

- 8

. A p p l i c a b i l i t y T h i s p a r t a p p l i e s t o a n y n e w o r e x i s t i n g b i o m e d i c a l w a s t e i n c i n e r a t o r t h a t i s n o t s u b j e c t t o t h e r e q u i r e m e n t s o f P a r t 7 o f

t h i s s u b c h a p t e r o r i s e x e m p t e d f r o m t h e r e q u i r e m e n t s o f S u b

p a r t E c o f 4 0 C F R P a r t 6 0

.

2 5 2 : 1 0 0

- 1 7

- 9

. D e f i n i t i o n s T h e f o l l o w i n g w o r d s a n d t e r m s w h e n u s e d i n t h i s p a r t s h a l l
h a v e t h e f o l l o w i n g m e a n i n g u n l e s s t h e c o n t e x t c l e a r l y i n d i c a t e s

o t h e r w i s e :

" A n t i n e o p l a s t i c a g e n t s " m e a n s d r u g s u s e d t o i n h i b i t a n d

c o m b a t t h e d e v e l o p m e n t o f n e o p l a s m s

.

" B i o m e d i c a l r a d i o a c t i v e w a s t e " m e a n s l o w

- l e v e l r a

d i o a c t i v e w a s t e a s d e f i n e d i n 4 0 C F R 6 0

. 5 1 c

.

" B i o m e d i c a l w a s t e " m e a n s m e d i c a l / i n f e c t i o u s w a s t e

a s d e f i n e d i n 4 0 C F R 6 0

. 5 1 c , C h e m o t h e r a p e u t i c w a s t e a n d
b i o m e d i c a l r a d i o a c t i v e w a s t e

.

" B i o m e d i c a l w a s t e i n c i n e r a t o r " m e a n s a n i n c i n e r a t o r

u s e d t o b u r n b i o m e d i c a l w a s t e

.

" C h e m o t h e r a p e u t i c w a s t e " m e a n s w a s t e m a t e r i a l r e s u l t

i n g f r o m t h e p r o d u c t i o n o r u s e o f a n t i n e o p l a s t i c a g e n t s

.

" N e o p l a s m s " m e a n s t u m o r s c o n s i s t i n g o f a n a b n o r m a l

p r o l i f e r a t i o n o f c e l l s

. T h e g r o w t h o f t h i s c l o n e o f c e l l s e x c e e d s ,
a n d i s u n c o o r d i n a t e d w i t h

, t h a t o f t h e n o r m a l t i s s u e s a r o u n d i t

. N e o p l a s m s m a y b e b e n i g n , p r e

- m a l i g n a n t o r m a l i g n a n t

.

2 5 2 : 1 0 0

- 1 7

- 1 0

. D e s i g n a n d o p e r a t i o n A n i n c i n e r a t o r s u b j e c t t o t h i s p a r t s h a l l b e d e s i g n e d a n d
b u i l t w i t h a p r i m a r y c o m b u s t i o n c h a m b e r a n d s e c o n d a r y c o m

b u s t i o n c h a m b e r ( s ) e a c h e q u i p p e d w i t h b u r n e r s o r o t h e r c o m

b u s t i o n d e v i c e s t h a t m a i n t a i n t h e a p p l i c a b l e t e m p e r a t u r e a n d

r e t e n t i o n t i m e s p e c i f i e d i n ( 1 ) t h r o u g h ( 3 ) o f t h i s s e c t i o n i n b o t h t h e p r i m a r y a n d s e c o n d a r y c o m b u s t i o n c h a m b e r ( s ) a t a l l

t i m e s w h e n b i o m e d i c a l w a s t e i s b e i n g i n c i n e r a t e d

.

May 2, 2011 

### 643 Oklahoma Register (Volume 28, Number 16)

## Permanent Final Adoptions

( 1 ) T h e t e m p e r a t u r e i n t h e p r i m a r y c o m b u s t i o n c h a m

b e r s h a l l n o t b e l e s s t h a n 1

, 2 0 0 F

. ( 2 ) T h e t e m p e r a t u r e i n t h e s e c o n d a r y c o m b u s t i o n

c h a m b e r ( s ) s h a l l n o t b e l e s s t h a n 1

, 8 0 0 F w i t h a r e t e n t i o n
t i m e o f n o t l e s s t h a n o n e ( 1 ) s e c o n d w h e n p r o c e s s i n g b i o m e d i c a l w a s t e c o n t a i n i n g n o c h e m o t h e r a p e u t i c w a s t e

. ( 3 ) T h e t e m p e r a t u r e i n t h e s e c o n d a r y c o m b u s t i o n

c h a m b e r ( s ) s h a l l n o t b e l e s s t h a n 2

, 0 0 0 F w i t h a r e t e n t i o n
t i m e o f n o t l e s s t h a n t w o ( 2 ) s e c o n d s w h e n p r o c e s s i n g b i o m e d i c a l w a s t e c o n t a i n i n g c h e m o t h e r a p e u t i c w a s t e

.

2 5 2 : 1 0 0

- 1 7

- 1 1

. E m i s s i o n l i m i t s E m i s s i o n s f r o m a n y b i o m e d i c a l w a s t e i n c i n e r a t o r s u b j e c t

t o t h e r e q u i r e m e n t s o f t h i s p a r t s h a l l n o t e x c e e d t h e l i m i t s s p e c

i f

i e d i n ( 1 ) t h r o u g h ( 3 ) o f t h i s s e c t i o n

. A n y r e q u i r e d p e r f o r

m a n c e t e s t i n g s h a l l b e c o n d u c t e d w h i l e t h e i n c i n e r a t o r i s o p e r

a t i n g b e t w e e n 9 0 % a n d 1 0 0 % o f o p e r a t i n g c a p a c i t y , o r u n d e r

o t h e r r e p r e s e n t a t i v e o p e r a t i n g c o n d i t i o n s s p e c i f i e d b y a n a p

p l i c a b l e p e r m i t o r t e s t i n g m e t h o d

. ( 1 ) H y d r o c h l o r i c a c i d ( H C l )

. E m i s s i o n s o f H C l s h a l l

n o t e x c e e d 4

. 0 l b / h r

. ( 2 ) P a r t i c u l a t e m a t t e r

. E m i s s i o n s o f p a r t i c u l a t e m a t

t e r s h a l l n o t e x c e e d 0

. 0 8 g r / d s c f ( g r a i n s p e r d r y s t a n d a r d

c u b i c f o o t ) c o r r e c t e d t o 1 2 % c a r b o n d i o x i d e i n t h e e m i s

s i o n g a s s t r e a m

. ( 3 ) C a r b o n m o n o x i d e ( C O )

. E m i s s i o n s o f C O s h a l l

n o t e x c e e d 1 0 0 p p m b y v o l u m e c o r r e c t e d t o s t a n d a r d c o n

d i t i o n s i n t h e e m i s s i o n g a s s t r e a m

.
[OAR Docket #11-343; filed 4-7-11]



### TITLE 252. DEPARTMENT OF ENVIRONMENTAL QUALITY CHAPTER 205. HAZARDOUS WASTE MANAGEMENT

[OAR Docket #11-346]

RULEMAKING ACTION: PERMANENT final adoption RULES: Subchapter 3. Incorporation by Reference 252:205-3-1. [AMENDED] AUTHORITY: Environmental Quality Board and Hazardous Waste Management Advisory Council powers and duties, 27A O.S. §§ 2-2-101, 2-2-104, 2-2-201; Oklahoma Hazardous Waste Management Act, 2-7-105 and 2-7-106. DATES: Comment period: September 15 through October 28, 2010, and November 16, 2010 Public hearing: October 28, 2010, Hazardous Waste Management Advisory Council November 16, 2010, Environmental Quality Board Adoption: November 16, 2010 Submitted to Governor: November 23, 2010 Submitted to House: November 23, 2010 Submitted to Senate: November 23, 2010 Gubernatorial Approval: December 27, 2010 Legislative approval: Failure of the Legislature to disapprove the rules resulted in approval on April 1, 2011 Final adoption: April 1, 2011
Effective: July 1, 2011 SUPERSEDED EMERGENCY ACTIONS:
N/A INCORPORATION BY REFERENCE: Incorporated standards: As set forth in OAC 252:205-3-2 through 252:205-3-4, certain provisions of Title 40 of the Code of Federal Regulations, Parts 124, 260 through 268, 270, 273, and 279 as amended through July 1, 2010. Incorporating rules:
252:205-3-1 Availability: From the contact person listed below ANALYSIS: The proposed amendments are to incorporate by reference, as set forth in OAC 252:205-3-2 through 252:205-3-4, certain provisions of Title 40 of the Code of Federal Regulations, Parts 124, 260 through 268, 270, 273, and 279 as amended through July 1, 2010. CONTACT PERSON: Mike Edwards (405) 702-5226, 707 North Robinson, Oklahoma City, Oklahoma 73102. Mailing address is P.O. Box 1677, Oklahoma City, OK
73101-1677. E-mail address is m i k e

. e d w a r d s @ d e q

. o k

. g o v

.

PURSUANT TO THE ACTIONS DESCRIBED HEREIN,
THE FOLLOWING RULES ARE CONSIDERED FINALLY ADOPTED AS SET FORTH IN 75 O.S., SECTION 308.1(A), WITH AN EFFECTIVE DATE OF JULY 1, 2011:



### SUBCHAPTER 3. INCORPORATION BY REFERENCE

252:205-3-1. Reference to 40 CFR (a) Incorporation date. Except as provided in subsection (b), when reference is made to Title 40 of the Code of FederalRegulations (40 CFR), it shall mean (unless otherwise specified) the Hazardous Waste Regulations, Monday, May 19, 1980, as amended through July 1, 2 0 0 9 2 0 1 0

. (b) Excluded provisions. None of the revisions to 40 CFR published at 73 FR 64668 - 64788 (October 30, 2008),
"Revisions to the Definition of Solid Waste: Final Rule" are incorporated herein.

[OAR Docket #11-346; filed 4-7-11]



### TITLE 252. DEPARTMENT OF ENVIRONMENTAL QUALITY CHAPTER 220. BROWNFIELDS

[OAR Docket #11-344]

RULEMAKING ACTION: PERMANENT final adoption RULES: Chapter 220. Brownfields [REVOKED]

Oklahoma Register (Volume 28, Number 16) 

### 644 May 2, 2011

### APPENDIX A.
ALLOWABLE PARTICULATE MATTER EMISSION RATE FOR INCINERATORS [NEW]

The following information is for use only in conjunction with OAC 252:100-17-4.

The allowable particulate matter emission rate for incinerators with a capacity of 75 lb/hr or less is 0.10 pounds per hour of refuse charged, including any solid fuel, on an as-loaded basis.

The allowable particulate matter emission rate fo r incinerators with a capacity greater than 75 lb/hr may be calculated using one of the following formulas, where Y equals the allowable particulate matter emission rate in pounds per hour and X equals the refuse charged, including any solid fuel, in pounds per hour on an as-loaded basis.

For incinerators with a capacity greater than 75 lb/hr but less than 100 lb/hr, the formula is:

Y = 9.213  10 -11 

### X 4.818



### For incinerators with a capacity of 100 lb/hr or more, the formula is:

Y = 1.221  10 -2 

### X 0.757710Jan_AppA_new.wpd November 29, 2010 

### APPENDIX A.

**ALLOWABLE PARTICULATE MATTER EMISSION RATE**
**FOR INCINERATORS [NEW]**

The following information is for use only in conjunction with OAC 252:100-17-4.

The allowable particulate matter emission ra te for incinerators with a capacity of 75 lb/hr or less is 0.10 pounds per hour of
refuse charged, including any solid fuel, on an as-loaded basis.

The allowable particulate matter emission rate for incinerators with a capacity greate r than 75 lb/hr may be calculated using o ne of the following formulas, where **Y** equals the allowable particulate matter emission rate in pounds per hour and **X** equals the refuse charged, including any solid fuel, in pounds per hour on an as-loaded basis.

For incinerators with a capacity greater than 75 lb/hr but less than 100 lb/hr, the formula is:

**Y**

= 9.213  10 ‐ 11 

### X 4.818



### For incinerators with a capacity of 100 lb/hr or more, the formula is:

**Y**

= 1.221  10 ‐ 2 

### X 0.757711Jan_AppA_rev.wpd December 15,
2010 

### APPENDIX A.

**ALLOWABLE PARTICULATE MATTER EMISSION RATE**
**FOR INCINERATORS [REVOKED]**

The following information is for use only in conjunction with OAC 252:100-17-4.

The allowable particulate matter emission ra te for incinerators with a capacity of 75 lb/hr or less is 0.01 pounds per hour of
refuse charged, including any solid fuel, on an as-loaded basis.

The allowable particulate matter emission rate for incinerators with a capacity greate r than 75 lb/hr may be calculated using o ne of the following formulas, where **Y** equals the allowable particulate matter emission rate in pounds per hour and **X** equals the refuse charged, including any solid fuel, in pounds per hour on an as-loaded basis.

For incinerators with a capacity greater than 75 lb/hr but less than 100 lb/hr, the formula is:

**Y**

= 9.213  10 ‐ 11 

### X 4.818



### For incinerators with a capacity of 100 lb/hr or more, the formula is:

**Y**

= .221  10 ‐ 2 

### X 0.7577

## Permanent Final Adoptions

(1) Applicability determination. $ 2 5 0 $ 5 0 0 , to be credited against the construction or operating permitapplication fee, if a permit is required. If no permit is required, the fee will be retained to cover the cost of making
the determination. (2) Construction permit application. (A) New Part 70 source - $ 2

, 0 0 0 $ 7 5 0 0

. (B) Modification of a Part 70 source - $ 1

, 5 0 0 $ 5 0 0 0

. (C) Authorization under a general permit - $900. (3) Operating permit application. (A) Initial Part 70 permit - $ 2

, 0 0 0 $ 7 5 0 0

. (B) Authorization under a general permit - $900 (C) Renewal Part 70 permit - $ 1

, 0 0 0 $ 7 5 0 0

. (D) Significant modification of Part 70 permit - $ 1

, 0 0 0 $ 6 0 0 0

. (E) Minor modification of Part 70 permit - $ 5 0 0 $ 3 0 0 0

. (F) Part 70 Temporary Source Relocation - $500.

[OAR Docket #11-699; filed 5-18-11]



### TITLE 252. DEPARTMENT OF ENVIRONMENTAL QUALITY CHAPTER 100. AIR POLLUTION CONTROL

[OAR Docket #11-700]

RULEMAKING ACTION: PERMANENT final adoption RULES: Appendix A. Allowable Particulate Matter Emission Rate for Incinerators [REVOKED] Appendix A. Allowable Particulate Matter Emission Rate for Incinerators [NEW] AUTHORITY: Environmental Quality Board; 27A O.S. §§ 2-2-101 and 2-2-201; and Oklahoma Clean Air Act, 27A O.S. §§ 2-5-101 et seq. DATES: Comment period: December 15, 2010 through January 19, 2011 Public hearing: January 19, 2011 Adoption: February 25, 2011 Submitted to Governor: March 4, 2011 Submitted to House: March 4, 2011 Submitted to Senate: March 4, 2011 Gubernatorial approval: April 12, 2011 Legislative approval: Failure of the Legislature to disapprove the rule(s) resulted in approval on May 3, 2011 Final adoption: May 3, 2011
Effective: July 1, 2011 SUPERSEDED EMERGENCY ACTIONS:
n/a INCORPORATIONS BY REFERENCE:
n/a ANALYSIS: The Department is proposing to correct inaccuracies in Appendix A,
Allowable Particulate Matter Emission R ate for Incinerators, by revoking the current Appendix A and replacing it with a new Appendix A. CONTACT PERSON: Cheryl Bradley, Department of Environmental Quality, Air Quality Division, 707 North Robinson, P.O. Box 1677, Oklahoma City, Oklahoma 73101-1677, (405) 702-4100.

PURSUANT TO THE ACTIONS DESCRIBED HEREIN,
THE FOLLOWING RULES ARE CONSIDERED FINALLY ADOPTED AS SET FORTH IN 75 O.S., SECTION 308.1(A), WITH AN EFFECTIVE DATE OF JULY 1, 2011:

Oklahoma Register (Volume 28, Number 19) 

### 1204 June 15, 2011

## Permanent Final Adoptions

APPENDIX A. ALLOWABLE PARTICULATE MATTER EMISSION RATE FOR INCINERATORS [REVOKED]

APPENDIX A. ALLOWABLE PARTICULATE MATTER EMISSION RATE FOR INCINERATORS [NEW]

[OAR Docket #11-700; filed 5-18-11]

June 15, 2011 

### 1205 Oklahoma Register (Volume 28, Number 19)1 

### TITLE 252. DEPARTMENT OF ENVIRONMENTAL QUALITY

**CHAPTER 100. AIR POLLUTION CONTROL**

**SUBCHAPTER 31. CONTROL OF EMISSION OF SULFUR COMPOUNDS**

**PART 1. GENERAL PROVISIONS**

**252:100-31-1. Purpose** The purpose of this Subchapter subchapter is to control emissions of sulfur compounds from stationary sources in order to prevent the Oklahoma Air Quality Standard from being exceeded and insure that degradation of the present level o f air quality in Oklahoma does not occur

.

**252:100-31-2. Definitions** The following words or terms, when used in this Subchapter subchapter , shall have the following meaning, unless the context clearly indicates otherwise:

**"Alternative fuel"** means fuel derived from any source other than petroleum, natural gas, or coal. Alternative fuel includes, but is not limited to, biogas, waste-derived fuel, recycl ed tires, tire-derived fuel, and wood-fuel as defined in OAC

252:100-19-1. **"Black liquor solids"** means the dry weight of the solids, which that enter the recovery furnace in the black liquor.
**"Digester system"** means each continuous digester or each batch digester used for the cooking of wood in white liquor, and associated flash tank(s), below blow tank(s), chip steamer(s), and condenser(s).
**"Existing facility," "existing source,"** or **"existing equipment"** means any facility, source, or equipment that emits sulfur compounds and which is in being prior to July 1, 1972, except that for facilities, sources, or equipm ent subject to:
(A) OAC 252:100

- 31

- 7(b) and/or OAC 252:100

- 31

- 26(a)(1), the date is prior to December 31, 1974,

and
(B) OAC 252:100

- 31

- 13, the date is on or before August 17 1971. **“Fossil fuel-fired steam generator”** means a furnace or boiler used in the process of burning fossil fuel for the primary purpose of producing steam by heat transfer.

**"Lime kiln"** means a unit used to calcine lime mud, which consists primarily of calcium carbonate, into quicklime,

which is calcium oxide. **"Multiple-effect evaporator system"** means the multiple-effect evaporators and associated condenser(s) and hotwell(s) used to concentrate the spent cooking liquid that is separated from the pulp (black liquor).
**"New facility," "new installation ," "new source,"**  or **"new equipment"**  means any facility, installation, source, or equipment that emits sulfur compounds and which is not in being on, or which is modified after, July 1, 1972, except that for : (A) facilities, installations, sources, or equ ipment subject to OAC 252:100

- 31

- 7(b) and/or OAC

252:100

- 31

- 26(a)(1) the date is December 31, 1974; (B) petroleum refining facilities, sources, or equipment subject to OAC 252:100

- 31

- 26 (a)(2), the date is

December 31, 1974; and
(C) facilities, sources o r equipment subject to OAC 252:100

- 31

- 13, the date is August 17, 1971. **"Kraft pulp mill"** means any pulp mill process facility that produces pulp from wood by cooking (digesting) wood
chips in a water solution of sodium hydrox ide and sodium sulfide (white liquor) at high temperature and pressure. Regeneration
of the cooking chemicals through a recovery process is also considered part of the kraft pulp mill.2 

### "Petroleum and natural gas process equipment **"** means processes the process equipment used in the processing of

to convert crude petroleum and/or natural gas into refined products including . Petroleum and natural gas process equipment

includes , but is not limited to, distillation columns, treating columns, catalytic cracking units, catalytic reforming units, sulfur removal equipment, petroleum coke units, flares, heat exchangers, reboilers, jet ejectors, compressors, recompressors, and any other auxiliary equipment pertinent to the process. **"Petroleum and natural gas process facility"** means a facility that is engaged in converting crude petroleum and/or
natural gas into refined products. Petroleum and natural gas process facilities include petrol eum refineries and natural gas processing plants (as defined in 40 CFR §60.631), but do not in clude petroleum and natural gas production, gathering, and transportation facilities. **"Pulp mill"** means the process equipment used in production of pu lp from wood chips or bolts which may include but

are not limited to, debarker, chi pper, digester, blow tank, was hers, condensers, evaporators, recovery furnace, lime kiln,

smelt

- dissolving tank, mixers, heat exchangers, gas scrubbers, and other auxiliaries pertinent to the process.
**"Recovery furnace"** means either a straight kraft recovery kraft-recovery furnace or a cross recovery cross-recovery furnace, and includes the direct-contact evaporator for a direct contact direct-contact furnace. **"Smelt dissolving Smelt-dissolving**  **tank"** means a vessel used for dissolving th e smelt collected from the recovery

furnace. **"Sulfur recovery plant unit**  **"** means a process device that recovers elemental sulfur from acid gas. **"Sweetening plant unit**  **"** means a process natural gas processing device that separates the removes hydrogen sulfide

H 2 

### S and carbon dioxide CO 2 

### contents from the gas stream.

**"Three**

**- hour average"**  or **"3**

**- hour average"**  means the arithmetic average of sampling results or continuous emission monitoring data from three contiguous one

- hour periods.

**"Total reduced sulfur"** or **"TRS"** is means the sum of the compounds hydrogen sulfide, methyl mercaptan, dimethyl sulfide, and dimethyl disulfide.

**252:100-31-4. Excess emission reporting and alternative reporting schedule** Any excess emission resulting from a violation of any emission limit contained in this subchapter shall be reported in accordance with the requirements of OAC 252:100-9. In the event that the excess emission is also a violation of an applicable

40 CFR Part 60 emission limit, the owner or operator may report the excess emission as part of an alternative reporting schedul e applied for or obtained under OAC 252:100-9-7(d), if the following requirements are met.
(1) The excess emission occurs at the same emission unit at the same time. (2) The emission limit is for the same regulated air pollutant , and has the same averaging ti me and units of measure as the applicable 40 CFR Part 60 emission limit.

**PART 2. AMBIENT AIR CONCENTRATION LIMITS OR IM PACTS FOR NEW AND EXISTING EQUIPMENT, SOURCES,** 

**OR FACILITIES**

**252:100-31-7. Ambient air concentration limits or impacts Allowable hydrogen sulfide (H**  **2** 

### S) ambient air
**concentrations for new and existing sources**
(a) [Reserved] **Sulfur oxides.** Emissions of sulfur dioxide from any existing fac ility or any new petroleum and natural gas process facility with equipment subject to OAC 252:100

- 31

- 26(a)(1) shall not impact existing ambient air
concentrations of sulfur dioxide by more than:

(1) 1300 μ g/m 3 

### (0.50 ppm) in a five (5) minute period of any hour;

(2) 1200 μ g/m 3 

### (0.46 ppm), one

- hour average;3 

### (3) 650 μ g/m 3 

### (0.25 ppm), 3

- hour average;

(4) 130 μ g/m 3 

### (0.05 ppm), 24

- hour average; or,

(5) 80 μ g/m 3 

### (0.03 ppm), annual arithmetic mean.
(b) **Hydrogen sulfide.** Emissions of hydrogen sulfide H 2 

### S from any new or existing source facility shall not result in a

24

- hour average cause an ambient air concentration of hydrog en sulfide at any given point of H 2 

### S greater than 0.2 ppm or

greater at standard conditions, 24-hour average

. (c) **Exceptions.** The standards set in subsections (a) and (b) of this Section section shall not apply to ambient air concentrations or impacts occurring on the property from which such emission occurs, providing such property, from the emission point to the point of any such concentration, is controlled by the person responsible for such emission.
(d) **Compliance assurance.** Upon approval of the Director, facility ope rators may use appropria te material balances, performance test data, and/or emission factors to determine stack emissions combined, when necessary, with the appropriate EPA approved EPA-approved atmospheric dispersion models to determine am bient air concentration or impact in lieu of ambient air monitoring as proof of compliance with limits the limit set in OAC 252:100

- 31

- 7(a) and (b) this section

.

**PART 3. EXISTING EQUIPMENT STANDARDS**

**252:100-31-13. Requirements for existing Sulfuric**  **sulfuric acid plants**  Any sulfuric acid plant that was in being on or before August 17, 1971 shall comply with the following requirements.
(a) (1) **Sulfuric acid mist. standard.**  After January 10, 1979, emissions Emissions of sulfuric acid mist from any existing sulfuric acid plant shall not exceed 0.5 lb/T pounds per ton of acid produced (250 g/MT grams per metric ton ). The acid production shall be expressed as 100% sulfuric acid (H 2 

### SO 4 

### ).
(b) (2) **Continuous emission Emission**  **monitoring.** Continuous monitoring of sulfur dioxide is required for
existing The owner or operator shall install, calibrate, maintain, and operate a continuous SO 2 

### emissions monitoring system for

any sulfuric acid plants where the plant with a production capacity is greater than 300 tons per day TPD expressed as 100% acid, except where the conversion of sulfuric acid is utilized to prevent emissions of sulfur dioxide or other sulfur compounds.
(c) (3) **Installation, calibration, and maintenance, and operation**  **of emission monitoring systems.** Required

emission monitoring systems shall be installed, calibrated, ma intained, and operated in accordance with 40 CFR Part 60, Appendix B

, and 40 CFR Part 51, Appendix P. Appendix P is hereby incorporated by reference.

**252:100-31-15. Requirements for existing Kraft**  **kraft pulp mills** 
After May 8, 1989, all existing any kraft pulp mills mill that was in being on or before July 1, 1972 shall comply with

meet the following requirements standards

. (1) **TRS.** Emissions of TRS emissions from any recovery furnace shall not exceed:
(A) 40 ppm TRS

, measured a hydrogen sulfide as H 2 

### S on a dry basis and on a 12-hour average, converted to eight percent ( 8%) by volume oxygen

. from any recovery furnace;
(2) (B) TRS emissions from any lime kiln shall not exceed 40 ppm TRS measured as hydrogen

sulfide H 2 

### S on a dry basis and on a 12-hour average, corrected to ten percent ( 10%) by volume oxygen

. from any lime kiln; and,
(3) (C) TRS emissions from any smelt-d issolving tank shall not exceed 0.033 lb pounds TRS per

ton /T black liquor solid s as hydrogen sulfide (0.016 g TRS/kg) of black liquor solids, measured as H 2 

### S on hydrogen sulfide) for a 12-hour average from any smelt dissolving tank

. (4) (2) **Non**

**- condensable gases.**  Non-condensable gases from all evaporators and digester systems shall be efficiently incinerated or otherwise treated to limit emissions of TRS measured as hydrogen sulfide to less than five ( 5) ppmv,

measured as H 2 

### S at standard conditions ppm by volume on a dry basis.4 

### 252:100-31-16. Requirements for existing fossil **Fossil fuel-fired steam generators**  Any fossil fuel-fired steam generator unit that was in being on or before July 1, 1972 shall comply with the following

requirements. (a) (1) **Continuous emission Emission**  **monitoring.** Continuous monitoring of sulfur dioxide The owner or operator shall install, calibrate, ma intain, and operate a continuous SO 2 

### emissions monitoring system for any is required for
existing fossil fuel-fired steam generator that generators where the source utilizes an air pollution abatement operation to

reduce the sulfur dioxide emissions of sulfur oxides . Continuous monitoring of oxygen or carbon dioxide is required where if it is necessary to convert sulfur dioxide SO 2 

### monitoring results.
(b) (2) **Installation, calibration, and maintenance, and operation**  **of emission monitoring systems.** Required

emission monitoring systems shall be installed, calibrated, ma intained, and operated in accordance with 40 CFR Part 60, Appendix B

, and 40 CFR Part 51, Appendix P.

**PART 5. NEW EQUIPMENT STANDARDS**

**252:100-31-25. Requirements for new Fuel** 

**- burning**  **fuel-burning equipment**  Any fuel-burning equipment that was not in being on or befo re July 1, 1972 or that is modified after July 1, 1972 shall comply with the following requirements.
(a) (1) **Emission limits.** Emissions of SO 2 

### attributable to the burning of fuel by fuel-burning equipment shall meet the following limits.
(1) (A) **Gas**

**- fired fuel** 

**- burning equipment**  **Gaseous fuel** 

**.** Emissions of SO 2 

### Sulfur oxide emissions (measured as sulfur
dioxide) from combustion of natural gas or other gaseous fuel in any new gas

- fired fuel-burning equipment shall not

exceed 0.2 lb/MMBtu MMBTU heat input (86 ng/J).
(2) (B) **Liquid**

**- fired fuel** 

**- burning equipment**  **Liquid fuel**

**.** Emissions of SO 2 

### Sulfur oxide emissions (measured as

sulfur di oxide) from combustion of liquid fuel in any new liquid

- fired fuel-burning equipment shall not exceed 0.8

lb/MMBtu MMBTU heat input (340 ng/J).
(3) (C) **Solid fuel** 

**- burning equipment**  **fuel**

**.** Emissions of SO 2 

### Sulfur oxide emissions (measured as sulfur dioxide)

from combustion of any new solid fuel in fuel-burning equipment shall not exceed 1.2 lb/MMBtu MMBTU heat input (520 ng/J).
(4) (D) **Combination of fuels burned.** When different types of fuels are burned simultaneously in any

combination, emissions of SO 2 

### shall not exceed the applicable standard (in lb/MMBtu) shall be limit determined by proration unless a secondary fuel is used in de minimis quantities (less than five percent ( 5%) of total Btu BTU heat input annually). Compliance The applicable limit, in lb/MMBTU heat input, shall be determined using the following formula, where X is the percent of total heat input derived from gas gaseous fuel, Y is the percent of total heat input derived from liquid fuel, and Z is the percent of total heat input derived from solid fuel :

.
SO 2 

### limit = [X(0.2) + Y(0.8) + Z(1.2)]/(X + Y + Z)

SO 2 

### limit = (0.2X + 0.8Y + 1.2Z)/(X + Y + Z).
(b) (2) **Averaging time.** The averaging time for the emi ssion limits set in OAC 252:100-31-25(1) (a) is three ( 3)
hours unless a solid fuel sampling and analysis method is used to determine emission compliance. In that case the averaging

time is 24 hours.
(c) (3) **Emission monito ring, fuel monitoring, and recordkeeping**  **Additional requirements for sources with heat** 
**input of 250 MMBtu MMBTU**  **/hr or more.** The requirements contained in this subsection apply to any new Any5 

### fuel-burning equipment with a rated design heat input values of 250 MMBtu MMBTU/hr or greater more shall comply with the following requirements

. (1) (A) **Emission monitoring.** The instruments in OAC 252:100

- 31

- 25(c)(1)(A) and (B)(i) shall be installed,
calibrated, maintained, and operated in any new fuel

- burning equ ipment with a rated heat input of 250 MMBtu/hr or
greater. These instruments shall be calibrated following perf ormance specifications 2 and 3 of 40 CFR Part 60, Appendix

B. (A) (i) **Opacity.** A photoelectric or other type smoke detect or and recorder shall be used to monitor opacity, except where gaseous fuel is the only fuel burned.
(B) (ii) **Sulfur dioxide.** (i) An instrument for continuously monitoring and recording sulfur dioxide The owner or operator shall install, calibrate, ma intain, and operate a continuous SO 2 

### emissions monitoring system shall be used

, except where:
(I) gaseous fuel containing less than 0.1% by weight sulfur (0.29 gr/scf or approximately 500 ppmv at standard conditions on a dry basis) is the only fuel burned; or
(II) (ii) A a solid or liquid fuel sampling and analysis method may be is used to determine SO 2 

### emission compliance.
(iii) **Installation, calibration, main tenance, and operation of emission monitoring systems.**  Required emission monitoring systems shall be installed, calibrated, maintained, and operated in accordance with 40 CFR Part 60, Appendix B, and 40 CFR Part 51, Appendix P.
(2) (B) **Fuel monitoring.** The sulfur content of solid or liquid fuels as burned shall be determined in accordance with previous methods as previously approved by the Director or in accordance with Method 19 of 40 CFR Part 60, Appendix A.
(3) (C) **Recordkeeping.** The owner or operator of any fuel

- burning equipment with a rated heat input of 250 MMBtu/hr or greater shall maintain a file records of all measurements required in paragraphs (1) (A) and (2) (B) of this subsection in accordance with the applicable requirements of OAC 252:100-43-7 , including compliance status records and

excess emissions measurements. These records and m easurements shall be retained for at least two (2) years following
the date of such measurements, and made available for inspec tion by the Division or its representatives during normal

business hours.
(4) **Alternative fuel** . The requirements of this section apply to any fuel-burning equipment that uses an alternative fuel, unless another limit representing BACT or equiva lent is specified in the source’s permit. Use of an alternat ive fuel in fuel-burning equipment is allowed, provided its use is authorized under an enforceable permit. Use of an alternative fuel in fuel-burning equipment is subject to any applicable restrictions or prohibitions that may exist in other provisions of state or federal statutes or rules, e.g., OAC 252:100-8-32.1, 252:100-31-7, 252:100-42, and/or 40 CFR Parts 60, 61, and/or 63.

**252:100-31-26. Requirements for new Petroleum**  **petroleum and natural gas processes**  Any petroleum and natural gas process that was not in being on or before December 31, 1974 or that is modified after December 31, 1974 shall comply with the following requirements.
(a) **Standards.**
(1) **Hydrogen sulfide standards and alarm systems**

**.** (A) Hydrogen sulfide H 2 

### S contained in the waste gas stream from any new petroleum or natural gas process equipment shall be removed from the exhaust gas stream or it shall be oxid ized to sulfur dioxide. Hydrogen sulfide emissions

shall be reduced by 95% of the hydrogen sulfide in the exhaust gas. by removal or by being oxidized to SO 2 

### prior to being6 

### emitted to the ambient air. This requirement shall not apply if a facility’s emissions of H 2 

### S do not exceed 0.3 lb/hr, two-hour

average. (B) The owner or operator shall install, maintain, and opera te an alarm system that will signal a malfunction for all

thermal devices used to control H 2 

### S emissions from petroleum and natural gas processing facilities regulated under this subparagraph.
(2) **Sulfur dioxide standards. Oxides of sulfur.**  The following requirements apply to any gas sweetening unit or petroleum refinery process equipment with a sulfur co ntent of greater than 0.54 LT/D in the acid gas stream. Alternatively, any gas sweetening unit or petroleum refinery pr ocess equipment with an emission rate of 100 lb/hr or less

of SO X 

### expressed as SO 2 

### , two-hour average, shall be considered to be below this threshold.
(A) **Natural gas processing**  **sweetening units**

**.** Sulfur oxide emissions, calculated as sulfur

dioxide, The sulfur content of any acid gas stream from any new gas sweetening plant unit shall be reduced by use of a sulfur recovery plant unit prior to release of the exhaust gas to the atmosphere ambient air . The sulfur recovery plant units shall have the sulfur reduction recovery efficiencies required in subparagraphs (C) through (F) of OAC

252:100

- 31

- 26(a)(2) this subparagraph

. (B) **Petroleum refinery processing.** Sulfur recovery plants units operating in conjunction with any refinery process shall have the sulfur reduction recovery efficiencies required in paragraphs (C) through (F) of

OAC 252:100

- 31

- 26(a)(2 ) this subparagraph

. (C) **Greater Sulfur content greater**  **than 0.54 LT/D but less than or equal to 5.0 LT/D.** When the sulfur content of the acid gas stream from a new gas sweetening unit or refinery process is greater than 0.54 LT/D but less than or equal to 5.0 LT/D, th e sulfur dioxide emission reduction recovery efficiency of the sulfur recovery plant unit shall be at least 75.0 %.
(D) **Greater Sulfur content greater**  **than 5.0 LT/D but less than or equal to 150.0 LT/D.**

When the sulfur content of th e acid gas stream from a new gas sweetening unit or refinery process is greater than 5.0 LT/D but less than or equal to 150.0 LT/D, the required sulfur dioxide emission reduction recovery efficiency of the sulfur recovery plant unit shall be calculated using the following formula

, where Z is the minimum emission reduction sulfur recovery efficiency required at all times and X is the sulfur feed rate

, expressed in LT/D of sulfur and rounded to one decimal place: Z = 92.34 ( X 0.00774 

### )

. (E) **Greater Sulfur content greater**  **than 150.0 LT/D but less than or equal to 1500.0 LT/D.**
When the sulfur content of the acid gas stream from a new gas sweetening unit or refinery process is greater than 150.0 LT/D but less than or equal to 1500.0 LT/D, th e required sulfur dioxide emission reduction recovery efficiency of the sulfur recovery plant unit shall be calculated using the following formula, where Z is the minimum emission

reduction sulfur recovery efficiency required at all times and X is the sulfur feed rate, expressed in LT/D of sulfur and
rounded to one decimal place: Z = 88.78 ( X 0.0156 

### )

. (F) **Greater Sulfur content greater**  **than 1500.0 LT/D.** When the sulfur content of the acid gas

stream from a new gas sweetening unit or refinery process is grea ter than 1500.0 LT/D, a minimum sulfur dioxide

reduction the recovery efficiency of the sulfur recovery unit shall be at least 99.5% shall be met

. (b) **Exception s.**  (1) **Hydrogen sulfide.** The requirements of OAC 252:100

- 31

- 26(a)(1) shall not apply if hydrogen sulfide

emissions do not exceed 0.3 lb/hr, two

- hour average.
(2) **Sulfur dioxide.** The requirements of OAC 252:100

- 31

- 26(a)(2) shall not apply to any new petro leum or natural gas process which would emit 100 lb/hr or less of sulfur oxides expressed as sulfur dioxide, two

- hour average. The requirements of paragraph (2) of subsection (a) of this Sectio n can be met alternatively by establishing that the sulfur con tent of the acid gas stream from any gas sweetening plant or refinery process is 0.54 LT/D or less.7 

### (c) **Emission monitoring for hydrogen sulfide.** All new thermal devices for petroleum and natural gas processing facilities regulated under OAC 252:100

- 31

- 26 (a)(1) shall have installed, calibra ted, maintained, and operated an alarm system that will signal noncombustion of the gas

.

**252:100-31-27. Pulp mills [REVOKED]**
(a) **Emission limit.** The emission of sulfur oxides, calculated as sulfur dioxide, from the blow pits, washer vents, storage tanks, digester relief, and recovery furnace of any new pulp mill shall not exceed 18 lb/T (air dried) of pulp
produced, two

- hour average.
(b) **Emission monitoring.**  All new pulp mills shall install, calibra te, maintain and operate instruments for continuously monitoring and recording emissions of sulfur dioxide from the recovery system gas

- cleaning equipment and other locations as required by the Directo r. The instruments installed and used pursua nt to this Section shall have a confidence

level of at least 95% and be accurate wi thin ±20% and shall be calibrated following performance specifications 2 and 3 of 40 CFR Part 60, Appendix B, and following the quality assurance procedures in 40 CFR Part 60, Appendix F.
(c) **Recordkeeping.** The owner or operator of any new pulp mill su bject to provisions of this Section shall maintain files of all measurements required , including compliance status records and exce ss emissions measurements. These records and measurements shall be retained for at least two year s following the date of such measurements and made available for inspection by the Division during normal business hours.12 Jan_SC31_RUL.d oc 1 Dec ember 13 , 2011 

### TITLE 252. DEPARTMENT OF ENVIRONMENTAL QUALITY
CHAPTER 100. AIR POLLUTION CONTROL

SUBCHAPTER 31. CONTROL OF EMISSION OF SULFUR COMPOUNDS

PART 1. GENERAL PROVISIONS

252:100-31-1. Purpose The purpose of this Subchapter subchapter is to control emissions of sulfur compounds from stationary sources in order to prevent the Oklahoma Air Quality Standard from being exceeded and insure that degradation of the present level of air quality in Oklahoma does not

occur.

252:100-31-2. Definitions The following words or terms, when used in this Subchapter subchapter, shall have the following meaning, unless the context clearly indicates otherwise:
"Alternative fuel" means fuel derived from any source other than petroleum, natural

gas, or coal. Alternative fuel includes, but is not limited to, biogas, waste-derived fuel, recycled tires, tire-derived fuel, and wood-fuel as defined in OAC 252:100-19-1. "Black liquor solids" means the dry weight of the solids, which that enter the recovery furnace in the black liquor. "Digester system" means each continuous digester or each batch digester used for the cooking of wood in white liquor, and associated flash tank(s), below tank(s), chip steamer(s), and condenser(s). "Existing facility," "existing source," or "existing equipment" means any facility, source, or equipment that emits sulfur compounds and which is in being prior to July 1, 1972, except that for facilities, sources, or equipment subject to: (A) OAC 252:100-31-7(b) and/or OAC 252:100-31-26(a)(1), the date is prior to December 31, 1974, and (B) OAC 252:100-31-13, the date is on or before August 17 1971. “Fossil fuel-fired steam generator” means a furnace or boiler used in the process of burning fossil fuel for the primary purpose of producing steam by heat transfer.
"Lime kiln" means a unit used to calcine lime mud, which consists primarily of calcium carbonate, into quicklime, which is calcium oxide. "Multiple-effect evaporator system" means the multiple-effect evaporators and associated condenser(s) and hotwell(s) used to concentrate the spent cooking liquid that is separated from the pulp (black liquor). "New facility," "new installation," "new source," or "new equipment" means any facility, installation, source, or equipment that emits sulfur compounds and which is not in being on, or which is modified after, July 1, 1972, except that for : (A) facilities, installations, sources, or equipment subject to OAC 252:100-31- 7(b) and/or OAC 252:100-31-26(a)(1) the date is December 31, 1974; (B) petroleum refining facilities, sources, or equipment subject to OAC 252:100-
31 -26 (a)(2), the date is December 31, 1974; and (C) facilities, sources or equipment subject to OAC 252:100-31-13, the date is August 17, 1971.12 Jan_SC31_RUL.d oc 2 Dec ember 13 , 2011



### "Kraft pulp mill" means any pulp mill process facility that produces pulp from wood by cooking (digesting) wood chips in a water solution of sodium hydroxide and sodium sulfide (white liquor) at high temperature and pressure. Regeneration of the cooking chemicals through a recovery process is also considered part of the kraft pulp mill. "Petroleum and natural gas process equipment" means processes the process equipment used in the processing of to convert crude petroleum and/or natural gas into refined products including. Petroleum and natural gas process equipment includes, but is not limited to, distillation columns, treating columns, catalytic cracking units, catalytic reforming units, sulfur removal equipment, petroleum coke units, flares, heat exchangers, reboilers, jet ejectors, compressors, recompressors, and any other auxiliary equipment pertinent to the process. "Petroleum and natural gas process facility" means a facility that is engaged in converting crude petroleum and/or natural gas into refined products. Petroleum and natural gas process facilities include petroleum refineries and natural gas processing plants, but do not include petroleum and natural gas production and transportation facilities. "Pulp mill" means the process equipment used in production of pulp from wood chips o r bolts which may include but are not limited to, debarker, chipper, digester, blow tank, washers, condensers, evaporators, recovery furnace, lime kiln, smelt-dissolving tank, mixers, heat exchangers, gas scrubbers, and other auxiliaries pertinent to the process. "Recovery furnace" means either a straight kraft recovery kraft-recovery furnace or a cross recovery cross-recovery furnace, and includes the direct-contact evaporator for a direct
contact direct-contact furnace. "Smelt dissolvingSmelt-dissolving tank" means a vessel used for dissolving the smelt collected from the recovery furnace. "Sulfur recovery plant unit" means a process device that recovers elemental sulfur from acid gas. "Sweetening plant unit" means a process natural gas processing device that separates the removes hydrogen sulfide H 2 

### S and carbon dioxide CO 2 

### contents from the gas stream. "Three-hour average" or "3 -hour average" means the arithmetic average of sampling results or continuous emission monitoring data from three contiguous one-hour periods.
"Total reduced sulfur" or "TRS" is means the sum of the compounds hydrogen sulfide, methyl mercaptan, dimethyl sulfide, and dimethyl disulfide.

252:100-31-4. Excess emission reporting and alternative reporting schedule Any excess emission resulting from a violation of any emission limit contained in this subchapter shall be reported in accordance with the requirements of OAC 252:100-9. In the event that the excess emission is also a violation of an applicable 40 CFR Part 60 emission limit, the owner or operator may report the excess emission as part of an alternative reporting schedule applied for or obtained under OAC 252:100-9-7(d), if the following requirements are met. (1) The excess emission occurs at the same emission unit at the same time. (2) The emission limit is for the same regulated air pollutant, and has the same averaging time and units of measure as the applicable 40 CFR Part 60 emission limit.

PART 2. AMBIENT AIR CONCENTRATION LIMITS OR IMPACTS FOR NEW AND

EXISTING EQUIPMENT, SOURCES, OR FACILITIES12 Jan_SC31_RUL.d oc 3 Dec ember 13 , 2011



### 252:100-31-7. Ambient air concentration limits or impactsAllowable hydrogen sulfide (H 2 

### S )

ambient air concentrations for new and existing sources (a) [Reserved] Sulfur oxides. Emissions of sulfur dioxide from any existing facility or any new petroleum and natural gas process facility with equipment subject to OAC 252:100-31- 26(a)(1) shall not impact existing ambient air concentrations of sulfur dioxide by more than: (1) 1300 μg/m 3 

### (0.50 ppm) in a five (5) minute period of any hour; (2) 1200 μg/m 3 

### (0.46 ppm), one-hour average; (3) 650 μg/m 3 

### (0.25 ppm), 3-hour average; (4) 130 μg/m 3 

### (0.05 ppm), 24-hour average; or, (5) 80 μg/m 3 

### (0.03 ppm), annual arithmetic mean. (b) Hy drogen sulfide. Emissions of hydrogen sulfide H 2 

### S from any new or existing source facility shall not result in a 24-hour average cause an ambient air concentration of hydrogen sulfide at any given point of H 2 

### S greater than 0.2 ppm or greaterat standard conditions, 24-hour

average. (c) Exceptions. The standards set in subsections (a) and (b) of this Section section shall not apply to ambient air concentrations or impacts occurring on the property from which such emission occurs, providing such property, from the emission point to the point of any such concentration, is controlled by the person responsible for such emission. (d) Compliance assurance. Upon approval of the Director, facility operators may use appropriate material balances, performance test data, and/or emission factors to determine stack emissions combined, when necessary, with the appropriate EPA approved EPA-approved atmospheric dispersion models to determine ambient air concentration or impact in lieu of ambient air monitoring as proof of compliance with limits the limit set in OAC 252:100-31-7(a)
and (b) this section.

PART 3. EXISTING EQUIPMENT STANDARDS

252:100-31-13. Requirements for existing Sulfuric sulfuric acid plants Any sulfuric acid plant that was in being on or before August 17, 1971 shall comply with the following requirements. (a) (1) Sulfuric acid mist. standard. Af ter January 10, 1979, emissions Emissions of sulfuric acid mist from any existing sulfuric acid plant shall not exceed 0.5 lb/T pounds per ton of acid produced (250 g/MTgrams per metric ton). The acid production shall be expressed as 100% sulfuric acid (H 2 

### SO 4 

### ). (b) (2) Continuous emission Emission monitoring. Continuous monitoring of sulfur dioxide is required for existing The owner or operator shall install, calibrate, maintain, and operate a continuous SO 2 

### emissions monitoring system for any sulfuric acid plants where the plant with a production capacity is greater than 300 tons per day TPD expressed as 100% acid, except where the conversion of sulfuric acid is utilized to prevent emissions of sulfur dioxide or other sulfur compounds. (c) (3) Installation, calibration, and maintenance, and operation of emission monitoring systems. Required emission monitoring systems shall be installed, calibrated, maintained, and operated in accordance with 40 CFR Part 60, Appendix B, and 40 CFR Part 51, Appendix P. Appendix P is hereby incorporated by reference.12 Jan_SC31_RUL.d oc 4 Dec ember 13 , 2011



### 252:100-31-15. Requirements for existing Kraft kraft pulp mills Any After May 8, 1989, all existing kraft pulp mills mill that was in being on or before July 1, 1972 shall comply with meet the following requirementsstandards. (1) TRS. Emissions of TRS emissions from any recovery furnace shall not exceed: (A) 40 ppm TRS, measured a hydrogen sulfide as H 2 

### S on a dry basis and on a 12- hour average, converted to eight percent (8%) by volume oxygen. from any recovery furnace; (2) (B) TRS emissions from any lime kiln shall not exceed 40 ppm TRS measured as hydrogen sulfide H 2 

### S on a dry basis and on a 12-hour average, corrected to ten percent (10%) by volume oxygen. from any lime kiln; and, (3) (C) TRS emissions from any smelt-dissolving tank shall not exceed 0.033 lb pounds TRS per ton/T black liquor solids as hydrogen sulfide (0.016 g TRS/kg) of black liquor solids, measured as H 2 

### S on hydrogen sulfide) for a 12-hour average from any smelt dissolving tank. (4) (2 ) Non-condensable gases. Non-condensable gases from all evaporators and digester systems shall be efficiently incinerated or otherwise treated to limit emissions of TRS measured as hydrogen sulfide to less than five (5) ppmv, measured as H 2 

### S at standard conditions ppm by volume on a dry basis.

252:100-31-16. Requirements for existing fossil Fossil fuel-fired steam generators Any fossil fuel-fired steam generator unit that was in being on or before July 1, 1972 shall comply with the following requirements. (a) (1) Continuous emission Emission monitoring. Continuous monitoring of sulfur dioxide The owner or operator shall install, calibrate, maintain, and operate a continuous SO 2 

### emissions monitoring system for any is required for existing fossil fuel-fired steam generator that generators where the source utilizes an air pollution abatement operation to reduce the sulfur dioxide emissions of sulfur oxides. Continuous monitoring of oxygen or carbon dioxide is required where if it is necessary to convert sulfur dioxide SO 2 

### monitoring results. (b) (2) Installation, calibration, and maintenance, and operation of emission monitoring systems. Required emission monitoring systems shall be installed, calibrated, maintained, and operated in accordance with 40 CFR Part 60, Appendix B, and 40 CFR Part 51, Appendix P.

PART 5. NEW EQUIPMENT STANDARDS

252:100-31-25. Requirements for new Fuel-burning fuel-burning equipment Any fuel-burning equipment that was not in being on or before July 1, 1972 or that is modified after July 1, 1972 shall comply with the following requirements. (a)(1) Emission limits. Emissions of SO 2 

### attributable to the burning of fuel by fuelburning equipment shall meet the following limits. (1)(A) Gas-fired fuel-burning equipmentGaseous fuel. Emissions of SO 2 

### Sulfur oxide emissions (measured as sulfur dioxide) from any new gas-fired fuel-burning equipment using natural gas or other gaseous fuel shall not exceed 0.2 lb/MMBtuMMBTU heat input (86 ng/J). (2) (B) Liquid-fired fuel-burning equipmentLiquid fuel. Emissions of SO 2 

### Sulfur oxide emissions (measured as sulfur dioxide) from any new liquid-fired fuel-burning equipment using liquid fuel shall not exceed 0.8 lb/MMBtuMMBTU heat input (340 ng/J).12 Jan_SC31_RUL.d oc 5 Dec ember 13 , 2011



### (3) (C) Solid fuel-burning equipment fuel. Emissions of SO 2 

### Sulfur oxide emissions (measured as sulfur dioxide) from any new equipment using solid fuel fuel-burning equipment shall not exceed 1.2 lb/MMBtuMMBTU heat input (520 ng/J). (4) (D) Combination of fuels burned. When different types of fuels are burned simultaneously in any combination, emissions of SO 2 

### shall not exceed the applicable standard (in lb/MMBtu) shall be limit determined by proration unless a secondary fuel is used in de minimis quantities (less than five percent (5%) of total Btu BTU heat input annually). Compliance The applicable limit, in lb/MMBTU heat input, shall be determined using the following formula, where X is the percent of total heat input derived from gasgaseous fuel, Y is the percent of total heat input derived from liquid fuel, and Z is the percent of total heat input derived from solid fuel:.
SO 2 

### limit = [X(0.2) + Y(0.8) + Z(1.2)]/(X + Y + Z)

SO 2 

### limit = (0.2X + 0.8Y + 1.2Z)/(X + Y + Z). (b) (2) Averaging time. The averaging time for the emission limits set in OAC 252:100-31-
25 (1)(a) is three (3) hours unless a solid fuel sampling and analysis method is used to determine emission compliance. In that case the averaging time is 24 hours. (c) (3) Emission monitoring, fuel monitoring, and recordkeeping Additional requirements for sources with heat input of 250 MMBtuMMBTU/hr or more. The requirements contained in this subsection apply to any new Any fuel-burning equipment with a rated design heat input values of 250 MMBtu MMBTU/hr or greatermore shall comply with the following requirements. (1)(A) Emission monitoring. The instruments in OAC 252:100-31-25(c)(1)(A) and (B)(i) shall be installed, calibrated, maintained, and operated in any new fuel-burning equipment with a rated heat input of 250 MMBtu/hr or greater. These instruments shall be calibrated following performance specifications 2 and 3 of 40 CFR Part 60, Appendix B. (A)(i) Opacity. A photoelectric or other type smoke detector and recorder shall be used to monitor opacity, except where gaseous fuel is the only fuel burned. (B)(ii) Sulfur dioxide. (i) An instrument for continuously monitoring and recording sulfur
dioxide The owner or operator shall install, calibrate, maintain, and operate a continuous
SO 2 

### emissions monitoring systemshall be used, except where: (I) gaseous fuel containing less than 0.1% by weight sulfur (0.29 gr/scf or approximately 50 0 ppmv at standard conditions on a dry basis) is the only fuel burned; or (II) Aa solid or liquid fuel sampling and analysis method may be is used to
determine SO 2 

### emission compliance. (iii) Installation, calibration, maintenance, and operation of emission monitoring systems. Required emission monitoring systems shall be installed, calibrated, maintained, and operated in accordance with 40 CFR Part 60, Appendix B, and 40 CFR Part 51, Appendix P. (2) (B) Fuel monitoring. The sulfur content of solid or liquid fuels as burned shall be determined in accordance with previous methods as previously approved by the Director or in accordance with Method 19 of 40 CFR Part 60, Appendix A. (3) (C) Recordkeeping. The owner or operator of any fuel-burning equipment with a rated heat input of 250 MMBtu/hr or greater shall maintain a file records of all measurements required in paragraphs (1)(A) and (2)(B) of this subsection in accordance with the applicable requirements of OAC 252:100-43-7, including compliance status records and12 Jan_SC31_RUL.d oc 6 Dec ember 13 , 2011



### excess emissions measurements. These records and measurements shall be retained for at least two (2) years following the date of such measurements, and made available for inspection by the Division or its representatives during normal business hours. (4) Alternative fuel . The requirements of this section apply to any fuel-burning equipment that uses an alternative fuel, unless another limit representing BACT or equivalent is specified in the source’s permit. Use of an alternative fuel in fuel-burning equipment is allowed,provided its use is authorized under an enforceable permit. Use of an alternative fuel in fuelburning equipment is subject to any applicable restrictions or prohibitions that may exist in other provisions of state or federal statutes or rules, e.g., OAC 252:100-8-32.1, 252:100-31-7, 252:100-42, and/or 40 CFR Parts 60, 61, and/or 63.

252:100-31-26. Requirements for new Petroleum petroleum and natural gas processes Any petroleum and natural gas process that was not in being on or before December 31,
1974 or that is modified after December 31, 1974 shall comply with the following requirements. (a) Standards. (1) Hydrogen sulfide standards and alarm systems. (A) Hydrogen sulfide H 2 

### S contained in the waste gas stream from any new petroleum or natural gas process equipment shall be removed from the exhaust gas stream or it shall be oxidized to sulfur dioxide. Hydrogen sulfide emissions shall be reduced by 95% of the hydrogen sulfide in the exhaust gas.by removal or by being oxidized to SO 2 

### prior to being emitted to the ambient air. This requirement shall not apply if a facility’s emissions of H 2 

### S do not exceed 0.3 lb/hr, two-hour average. (B) The owner or operator shall install, calibrate, maintain, and operate an alarm system that will signal a malfunction for all thermal devices used to control H 2 

### S emissions from petroleum and natural gas processing facilities regulated under this subparagraph. (2) Sulfur dioxide standards.Oxides of sulfur. The following requirements apply to any gas sweetening unit or petroleum refinery process equipment with a sulfur content of greater than 0.54 LT/D in the acid gas stream. Alternatively, any gas sweetening unit or petroleum refinery process equipment with an emission rate of 100 lb/hr or less of SO X 

### expressed as SO 2 

### , two-hour average, shall be considered to be below this threshold. (A) Natural gas processing sweetening units. Sulfur oxide emissions, calculated as sulfur dioxide, The sulfur content of any acid gas stream from any new gas sweetening plant unit shall be reduced by use of a sulfur recovery plant unit prior to release of the exhaust gas to the atmosphere ambient air. The sulfur recovery plant units shall have the sulfur reduction recovery efficiencies required in subparagraphs (C) through (F) of OAC 252:100-31-26(a)(2)this subparagraph. (B) Petroleum refinery processing. Sulfur recovery plants units operating in conjunction with any refinery process shall have the sulfur reduction recovery efficiencies required in paragraphs (C) through (F) of OA C 252:100-31-26(a)(2)this subparagraph. (C) Greater Sulfur content greater than 0.54 LT/D but less than or equal
to 5.0 LT/D. When the sulfur content of the acid gas stream from a new gas sweetening unit or refinery process is greater than 0.54 LT/D but less than or equal to 5.0 LT/D, the sulfur dioxide emission reduction recovery efficiency of the sulfur recovery plant unit
shall be at least 75.0 %.12 Jan_SC31_RUL.d oc 7 Dec ember 13 , 2011



### (D) Greater Sulfur content greater than 5.0 LT/D but less than or equal to
150.0 LT/D. When the sulfur content of the acid gas stream from a new gas sweetening unit or refinery process is greater than 5.0 LT/D but less than or equal to 150.0 LT/D, the required sulfur dioxide emission reduction recovery efficiency of the sulfur recovery plant unit shall be calculated using the following formula, where Z is the minimum emission reduction sulfur recovery efficiency required at all times and X is the sulfur feed
rate, expressed in LT/D of sulfur and rounded to one decimal place: Z = 92.34 (X 0. 00774 

### ). (E) Greater Sulfur content greater than 150.0 LT/D but less than or equal
to 1500.0 LT/D. When the sulfur content of the acid gas stream from a new gas sweetening unit or refinery process is greater than 150.0 LT/D but less than or equal to 1500.0 LT/D, the required sulfur dioxide emission reduction recovery efficiency of the sulfur recovery plant unit shall be calculated using the following formula, where Z is the minimum emission reduction sulfur recovery efficiency required at all times and X is the sulfur feed rate, expressed in LT/D of sulfur and rounded to one decimal place: Z =
88.78 (X 0.0156 

### ). (F) Greater Sulfur content greater than 1500.0 LT/D. When the sulfur content of the acid gas stream from a new gas sweetening unit or refinery process is greater than 1500.0 LT/D, a minimum sulfur dioxide reduction the recovery efficiency of the sulfur recovery unit shall be at least 99.5% shall be met. (b) Exceptions. (1) Hydrogen sulfide. The requirements of OAC 252:100-31-26(a)(1) shall not apply if hydrogen sulfide emissions do not exceed 0.3 lb/hr, two-hour average. (2) Sulfur dioxide. The requirements of OAC 252:100-31-26(a)(2) shall not apply to any new petroleum or natural gas process which would emit 100 lb/hr or less of sulfur oxides expressed as sulfur dioxide, two-hour average. The requirements of paragraph (2) of subsection (a) of this Section can be met alternatively by establishing that the sulfur content of the acid gas stream from any gas sweetening plant or refinery process is 0.54 LT/D or less. (c) Emission monitoring for hydrogen sulfide. All new thermal devices for petroleum and natural gas processing facilities regulated under OAC 252:100-31-26(a)(1) shall have installed, calibrated, maintained, and operated an alarm system that will signal noncombustion of the gas.

252:100-31-27. Pulp mills [REVOKED] (a) Emission limit. The emission of sulfur oxides, calculated as sulfur dioxide, from the blow pits, washer vents, storage tanks, digester relief, and recovery furnace of any new pulp mill shall not exceed 18 lb/T (air dried) of pulp produced, two-hour average. (b) Emission monitoring. All new pulp mills shall install, calibrate, maintain and operate instruments for continuously monitoring and recording emissions of sulfur dioxide from the recovery system gas-cleaning equipment and other locations as required by the Director. The instruments installed and used pursuant to this Section shall have a confidence level of at least 95% and be accurate within ±20% and shall be calibrated following performance specifications 2 and 3 of 40 CFR Part 60, Appendix B, and following the quality assurance procedures in 40 CFR Part 60, Appendix F. (c) Recordkeeping. The owner or operator of any new pulp mill subject to provisions of this Section shall maintain files of all measurements required, including compliance status records and excess emissions measurements. These records and12 Jan_SC31_RUL.d oc 8 Dec ember 13 , 2011



### measurements shall be retained for at least two years following the date of such measurements and made available for inspection by the Division during normal business hours.

### Jan1 2_SC31_CommResp.doc 1 1/12 /2012

Not ic e: This Summary of Comments and Staff Responses replaces previous versions for this proposed rule revision. The Summary of Comments and Staff Responses is subject to change based on additional consideration, evaluation of public comments, and new information

rec eived.

SUMMARY OF COMMENTS AND STAFF RESPONSES
FOR PROPOSED REVISION TO
OAC 252:100 -31. CONTROL OF EMISSION OF SULFUR COMPOUNDS

COM MENTS RECEIVED PRIOR TO AND AT THE JULY 20, 2011 AIR QUALITY ADVISORY COUNCIL MEETING

Written Comments

Bu zzi Unicem USA - Email from Mr. Tom Rader on behalf of Lone Star Industries, dba Buzzi
Unice m USA, Pryor, Oklahoma (Lone Star), received July 15, 2011:

Regarding the proposed change to OAC 252:100-31-25:

252:100 -31 -25. Requirements for new Fuel-burning fuel-burning equipment Any fuel-burning equipment that was not in being on or before July 1, 1972 or that is modified after July 1, 1972 shall comply with the following requirements.

1. COMMENT: It is not clear as to what constitutes a modification. Modification should be qualified to mean a modification that causes an increase in SO
x 

### emissions.

RESPONSE: The change, as proposed, is not intended to be a substantive change, because it essentially moved the applicability language from the definitions section (OAC
252:100-31 -2) to individual sections. The term “new equipment” as defined in Subchapter 31 has historically used the term “modification, ” which is defined in the
Ge neral Provisions of Subchapter 1. The change requested by Lone Star would be a substantive change from existing language. Staff does not feel that the requested change would be appropriate.

Regarding the proposed change to 252:100-31-25(4):

(4) Alternative fuel . An alternative fuel may be used in fuel-burning equipment, provided the following criteria are met. (A) The use of an alternative fuel does not cause: (i) the SO X 

### emission limits in (a) of this section to be exceeded, or (ii) the ambient air concentration limit for H2S contained in OAC 252:100-31-7 to
be exceeded. (B) The use of an alternative fuel does not create a condition for violation of any TAC MAAC listed in Appendix O to this chapter. (See OAC 252:100-42) (C) The use of an alternative fuel is not disallowed under any applicable 40 CFR Part 60, 61, or 63 rule, or results in a violation of any applicable emission standard therein.

### Jan1 2_SC31_CommResp.doc 2 1/12 /2012

(D) The use of an alternative fuel does not create or contribute to a violation of any NAAQS or PSD increment. (E) The use of an alternative fuel is allowed under an enforceable permit.

2. CO MMENT: “The proposed changes are to OAC 252:100 Subchapter 31, Control of Emission of Sulfur Compounds. The proposed changes should be applicable to the subchapter. (4)(B) does not appear to be appropriate in subtitle 31 as it is related to Toxic Air
Contaminants and should be addressed in OAC 252:100-42 (4)(C) Should refer to ’applicable emission standard for sulfur compounds therein.’ (4)(D) Should refer to ’any NAAQS or PSD sulfur compound increment.’”

RESPONSE: Staff concurs that it is appropriate to narrow the language of this new subsection to focus better on the subject of Subchapter 31, while assuring that it does not interfere with implementation of other applicable requirements. Staff has reworded the language for the subsequent proposal.

In ternational Paper - Email from Ms. Kathryn Crenwelge, EHS Manager of International Paper

– Va lliant Mill, received July 19, 2011:

3. COMMENT: International Paper requested that AQD remove the Subchapter 31 language for the pulp & paper industry or recognize that the industry is subject to other standards (i.e., NSPS and NESHAP requirements) which supersede or take the place of the Subchapter 31 standards.

RESP ONSE: OAC 252:100-31-15 contains requirements for existing kraft pulp mills,
and 252:100-31 -27 contains requirements for new pulp mill process equipment. Certain provisions of NSPS and NESHAPs that apply to the pulp and paper industry may include requirements that are more stringent or redundant to those of Subchapter 31. The requirements in OAC 252:100-31-15 were added to implement federal requirements for
control of total reduced sulfur from existing kraft pulp mills (Section 111(d) Plans)

. EPA’s approval of this 111(d) plan is codified in 40 CFR Part 62, Subpart LL. Staff does not believe the change to Section 31-15 would be appropriate at this time. However, staff
doe s concur that the substantial overlap of requirements between Section 31-27 and NSPS/NESHAPs applicable to “new” paper mills justifies revocation of this Section 31-
27.

EPA Region 6 –

Letter from Guy Donaldson, Chief, Air Planning Section, received July 14,
2011 :

Regarding existing and proposed language in related subsections in OAC 252:100-31-13,
252:100- 31 -16, 252:100-31-25, and 252:100-31- 27 :

4. COMMENT: EPA suggested inserting “operation” into several taglines that currently read “Installation, calibration, and maintenance of emission monitoring systems,” in order to be consistent with the language of the subject paragraph, as proposed for
amendment.

### Jan1 2_SC31_CommResp.doc 3 1/12 /2012

RESPONSE: Staff has included the suggested change in the subsequent proposal.

Regarding the proposed change to OAC 252:100-31-7:

5. COMMENT: EPA stated that the proposed changes would require that AQD demonstrate that dropping the existing ambient SO 2 

### concentration limits in Section 31- 7(a) would not interfere with attainment of the NAAQS, “Reasonable Further Progress” or other applicable requirement of the Clean Air Act (CAA). AQD would be required to submit an analysis as provided for under Section 110(l) of the CAA at the time the rule
revision is submitted for inclusion in Oklahoma’s SIP.

RESPONSE: Staff is preparing a Section 110(l) analysis for submittal to EPA when the rule change is submitted for inclusion in Oklahoma’s SIP.

Staff believes that the proposed change to OAC 252:100-31-7 would not result in any
substa ntial loss of protection, considering the current NAAQS and other existing requirements. Staff believes that the Section 31-7 standards are outmoded in light of the
new one-hour SO 2 

### NAAQS of 0.075 ppm. By comparison, the existing Section 31-7 allows a one-hour average of 0.46 ppm. Staff does not believe the existing numbers are protective, and does not have an adequate rationale or method for simply adjusting these numbers in a way that would allow permittees and permit writers to demonstrate compliance with the NAAQS and the purpose of the Subchapter using current modeling and monitoring protocols.

With the change that became effective in August 2010, EPA substantially shifted the SO 2 

### NAAQS e mphasis to preventing high short-term exposure, by dropping both the existing

annua l standard of 30 ppm and the existing 24-hour standard of 140 ppm, while adding
the one-hour maximum standard of 0.075 ppm.

Staff believes it would be mathematically difficult to exceed any of the Section 31- 7 ambi ent standards without violating the NAAQS. Whil e DEQ has expressed disagreement regarding EPA’s “hybrid” approach for demonstrating the State’s compliance with the SO 2 

### NAAQS

, the appropriate use of modeling in the permitting process can and will assure compliance with the SO 2 

### standards.

Oral Comments

Citizen’s Action for Safe Energy
- Mr. Tony Nuspl

6. COMMENT: Mr. Nuspl requested changes to OAC 252:100-31-2 and 252:100-31-25.
He requested that hazardous material be excluded from the proposed definition of “alternative fuel,” in particular waste-derived fuels with high chlorine content. In addition, Mr. Nuspl requested that the rule specify a minimum BTU content for the fuel being burned. Mr. Nuspl also requested that “independent monitoring by the DEQ” be
conducted for facilities that burn hazardous material.

RESPONSE: Subchapter 31 provisions are not the controlling rules for the handling, use, and/or disposal of hazardous materials. Staff believes that the provisions for use of

### Jan1 2_SC31_CommResp.doc 4 1/12 /2012

alternative fuel in fuel-burning equipment proposed in OAC 252:100-31-25(4), as

rewor ded, provide an appropriate level of protection within the purpose of Subchapter 31.

Note: Mr. Nuspl primarily spoke regarding concerns over a particular Portland cement production plant and the effects of its permitted emissions on air quality in the Tulsa area. Mr. Nuspl indicated that he wished to submit written comments on the proposed Subchapter 31 rule and provided copies of a document to the Council. The document was a flyer that expressed concerns regarding the burning of hazardous waste at that cement kiln, and listed the facility’s “currently emitted” and “proposed emission” levels for various pollutants. [Staff notes that several of the emissions numbers cited in the flyer do not accurately represent the facility’s AQ permit limits.] In addition, the flyer expressed concern over DEQ’s public notification procedures and urged the public to contact members of the Tulsa City Council. Upon review of the document, it was determined that the document did not raise or address any issues specific to Subchapter 31 or the proposed rule changes.

COMMENTS RECEIVED PRIOR TO THE OCTOBER 5 , 2011 AIR QUALITY ADVISORY COUNCIL MEETING

Conoco-Phillips –

Email from Mr. David Gamble on behalf of Conoco-Phillips, Ponca City, Oklahoma ( Conoco-Phillips), received September 8, 2011:

Re garding proposed language in OAC 252:100-31-25(3)(A)(ii)(I).

7. COMMENT: “Why is the 160 ppmv limit for sulfur instead of hydrogen sulfide, which would make it comparable to NSPS J?”

RESPONSE: The existing rule language [in OAC 252:100-31-25(c)(1)(B)(i)] refers to (total) sulfur rather than just H 2 

### S, and it applies to fuel-burning equipment from various industry sectors. Staff has some concern that although H 2 

### S may be the most appropriate parameter for petroleum refineries that are subject to NSPS J, other forms of sulfur compounds may also be pertinent in other sectors. In addition, the proposed language of
OAC 252:100-31 -25(3)(A)(ii)(I) is not intended to change the content of the provision, but is intended to clarify the language and make it more consistent with other rules in the subchapter. (As discussed below, it appears that the proposal, using the 160 ppmv sulfur content, would not be consistent with that intention.) Note that neither the existing rule language nor the proposed language constitutes a limit on sulfur emissions or fuel gas sulfur content. Rather, it provides an exception to the continuous SO 2 

### monitoring requirement for fuel-burning equipment that uses only low-sulfur gaseous fuel.

8. COMMENT: “ If the 160 ppmv and 0.1 wt% limits are intended to be applicable to total sulfur in the fuel gas, does the state intend for the fuel ga s to be continuously monitored to demonstrate compliance, or is a single sample or process knowledge adequate? The Ponca City refinery continuously monitors its fuel gas systems for hydrogen sulfide as required by NSPS J, but does not monitor for total sul fur. ”

RESPONSE: Both the existing rule language and the proposed language of OAC
252:100-31 -25(3)(A)(ii)(I) references the sulfur content (rather than hydrogen sulfide).

### Jan1 2_SC31_CommResp.doc 5 1/12 /2012

The existing rule does not specify a monitoring protocol for gaseous fuel. Therefore, a demonstration that the facility qualifies for the SO 2 

### monitoring exception for lower sulfur gaseous fuel is determined on a case- by -c ase basis. The rigor of a demonstration would need to match the likelihood of exceeding the requirement, and would be consistent with Subchapter 43 and any applicable federal requirements. Staff do es not believe that the

pr oposed amendments (if the change described below is included) would change this approach.

9. COMMENT: “ The original version of the rule limited the fu el gas sulfur content to 0.1 wt%, but the revised rule includes the 160 ppmv limit. I’ve calculated a few cases to see what the characteristics of a fuel gas stream would need to be for the 160 ppmv and 0.1 wt% to represent the same amount of sulfur. I fou nd that the molecular weight of the fuel gas (excluding the sulfur) would need to be about 5 lbs/lb

- mole, which is very low. Assuming a mixture of methane and hydrogen, the gas composition would need to be about 78% hydrogen and 22% methane and the resulti ng heating value of the gas would be about 476 BTU/SCF, which is also very low and not really practical as a fuel. ”

“Assuming the case of a fuel gas stream made up of 100% methane and no hydrogen, the sulfur content would need to be about 500 ppmv in order to also be 0.1 wt%, or 0.03 wt% sulfur in order to also be 160 ppmv. As such, the 160 ppmv, when applied to natural gas or refinery fuel gas, appears to be more stringent that the 0.1 wt% limit.”

RESPONSE: The proposed 160 ppmv level is approximately the field gas maximum sulfur content limit in some AQ permits for fuel-burning equipment at oil & gas compressor stations, etc. However, staff agrees that it is probably not the best number for this particular rule. Staff intends to recommend that the Council retain the 0.1 weight percent as the primary description of the gaseous fuel sulfur content, and substitute a level of “0.29 gr/scf or approximately 500 ppmv” for the 160 ppmv previously proposed. As the commenter stated, the 500 ppmv is roughly 0.1 weight percent total sulfur for methane (and corresponds to the ratio of “equivalents” listed in the NSPS GG definition of “natural gas”: 20.0 gr/100 scf total sulfur ≈ 0.068 wt% ≈ 338 ppmv at 20° C ).

Georgia-Pacific –

Email from Mr. Stephen Landers on behalf of Georgia-Pacific Consumer
Produc ts LP, Muskogee, Oklahoma (Georgia-Pacific), received September 26, 2011:

Re garding proposed language in OAC 252:100-31-25(3)(A)(i).

10. COM MENT: T he proposed language states in part: “The owner or operator shall continuously monitor opacity, except where gaseous fuel is the only fuel burned.” Georgia

- Pacific expressed concern that “...the loss of opacity monitoring for any reason other than routine maintenance or calibration would arguably be an immediate
deviation.” The company also stated that “Continuous monitors will experience malfunctions and/or downtime during their operation, and it does not seem that the ODEQ would expect deviation reporting for such monitor downtime so long as the
downt ime is within applicable allowances.”

### Jan1 2_SC31_CommResp.doc 6 1/12 /2012

Georgia-Pacific requested that the proposed sentence be restated as: “The owner or operator shall install, maintain and operate a continuous opacity monitoring system, except where gaseous fuel is the only fuel burned.”

RESPONSE: Staff has dropped the recommended changes to this opacity monitoring language in response to concerns the proposed change expressed by Georgia-Pacific and members of the Council. Staff proposed substitute language for the Council to consider for four other locations where the same phrase was proposed [252:100-31-13(2 ),
252:100-31 -16 (1 ), 252:100-31-25(3)(A)(i i)

, and 252:100-31-2 7 (2 )].

Vera l lia

– Email from Mr. Steven B . Smith , V.P., Environmental and Regulatory Aff airs, on behalf of Verallia (formerly Saint

- Gobain Containers)

, Sapulpa , Oklahoma, received September
30 , 2011 :

Regarding proposed language in OAC 252:100-31-25(1).

11. COM MENT: Verallia proposed a language change to assure that only emissions of SO 2 

### attrib utable to the burning of fuel are subject to the emission limits for fuel

- burning equipment.

RESPONSE: Staff proposed substitute language for the Council to consider for OAC
252:100-31 -25(1 ),

COMMENTS RECEIVED PRIOR TO THE JANUARY 18 , 2012 AIR QUALITY ADVISORY COUNCIL MEETING

Vera l lia

– Letter from Mr. Steven B. Smith, V.P., Environmental and Regulatory Affairs, on behalf of Verallia (formerly Saint

- Gobain Containers)

, Sapulpa , Oklahoma, received January 9,
2012 :

Regarding proposed language in OAC 252:100-31-25(1).

12. COM MENT: Verallia proposed a n additional language change to assure that only
emissions of SO 2 

### attributable to the burning of fuel are subject to the emission limits for
fuel

- burning equipment.

RESPONSE: Staff will propose substitute language for the Council to consider for OAC
252:100-31 -25(1 ),

### 1



### Cheryl E. Bradley Department of Environmental Quality Air Quality Division

P.O. Box 1677 Oklahoma City, Oklahoma 73101-1677



### July 15, 2011

RE: Buzzi Unicem USA, Comments on Proposed Changes to OAC 252:100- 31

Ms. Bradley

Lone Star Industries dba Buzzi Unicem USA, Pryor Oklahoma (Lone Star) would like to provide the following comments on the proposed rulemaking related to Subchapter 31, Control of Emission of Sulfur Compounds. Lone Star thanks the department for allowing stakeholders to comment on regulations that affect them.

Tom Rader

Buzzi Unicem USA

636

- 931 -2511

252:100- 31 -25. Requirements for new Fuel-burning fuel-burning equipment Any fuel

- burning equipment that was not in being on or before July 1, 1972 or that is modified after July 1, 1972 shall comply with the following requirements.

Comment 1

It is not clear as to what constitutes a modification. Modification should be qualified to mean a modification that causes an increase in SOx emissions.

(4) Alternative fuel . An alternative fuel may be used in fuel-burning equipment, provided the following criteria are met. (A) The use of an alternative fuel does not cause: (i) the SO X 

### emission limits in (a) of this section to be exceeded, or (ii) the ambient air concentration limit for H 2 

### S contained in OAC 252:100-31-7 to be exceeded.

### 2



### (B) The use of an alternative fuel does not create a condition for violation of any TAC MAAC listed in Appendix O to this chapter. (See OAC 252:100

- 42) (C) The use of an alternative fuel is not disallowed under any applicable 40 CFR Part 60, 61, or 63 rule, or results in a violation of any applicable emission standard therein. (D) The use of an alternative fuel does not create or contribute to a violation of any NAAQS or PSD
increment. (E) The use of an alternative fuel is allowed under an enforceable permit.

Comment 2

The proposed changes are to OAC 252:100 Subchapter 31, Control of Emission of Sulfur Compounds. The proposed changes should be applicable to the subchapter.

(4)(B) does not appear to be appropriate in subtitle 31 as it is related to Toxic Air Contaminants

and should be addressed in OAC 252:100- 42

(4)(C) Should refer to “

applicable emission standard for sulfur compounds therein. ”

(4)(D) Should refer to “

any NAAQS or PSD sulfur compound increment .”

CC Michael Swift, Buzzi Unicem USA

### 3

### 1 890 IP LANE VALLIANT, OK 74764

T 580

- 933

- 1449
F 580

- 933

- 1515 Kathryn.crenwelge@ipaper.com



### Certified Mail 7005 3110 0004 4871 9619

January 17, 2012

Brooks Kirlin Air Quality Division Oklahoma Department of Environmental Quality P.O. Box 1677 Oklahoma City, OK 73101- 1677

Re: Comments on OAC 252: 100-31 Control of Emission of Sulfur Compounds Part 5

New Equipment Standards Section 27(a).

Dear Mr. Kirlin:

International Paper Company owns and operates a Kraft pulp and paper mill in Valliant, OK . Our facility appreciates the opportunity to offer comments to the Oklahoma Department of Environmental Quality Air Quality Division in regards to the proposed changes of OAC 252: 100-31 Control of Emission of Sulfur Compounds.

OAC 252: 100- 31 -27(a) “Control of Emission of Sulfur Compounds, New Equipment Standards, Pulp Mills, Emission Limit” requires that “the emission of sulfur oxides, calculated as sulfur dioxide, from the blow pits, washer vents, storage tanks, digester relief, and recovery furnace of any new pulp mill shall not exceed 18 lb/T (air dried) of pulp produced, two-hour average, ” where “new” means any “equipment that emits sulfur compounds and which is not in being on, or which is modified after July 1, 1972.”

Though we differ in opinion of what constitutes a ‘new system’ in this regulation as was set forth in the original regulation language and followed in our historical permitting with DEQ, we accept that DEQ now interprets this as any equipment change versus an equipment system change because we are also required to follow NSPS and NESHAP requirements associated with our Kraft and Semi-chemical equipment. These requirements are more stringent than this regulatory requirement.

Following the DEQ’s interpretation of what is ‘new’ and subject to this rule, our new recovery furnace installed in 2006 applies. According to the National Council for Air and Stream Improvement (NCASI), the language of this rule is typical for sulfite pulping operations, but sulfide (Kraft) pulping operations do not have blow pits and are not a significant source of sulfur dioxide emissions. In addition, Kraft pulping operations are subject to TRS emission standards under Title V.

### 2

We support the state’s current version of the revised language which removes pulp and paper requirements for ‘new’ equipment. We believe this is appropriate since we have more stringent federal requirements and also because we are not a sulfite pulping mill.

We appreciate your consideration of these comments, and we believe that the proposed alternatives do not dilute the stringency of the environmental standards. If you have any questions regarding these comments, please contact me at (580) 933- 1449 or Katlin Esteph at (580) 933-1267.

Sincerely,

Kathryn Crenwelge EHS Manager International Paper Valliant Mill

Cc: J. Todd Crutcher, IP-Valliant

### From: Gamble, David H. [ mailto:Dave.H.Gamble@conocophillips.com ]

Sent: Thursday, September 08, 2011 2:19 PM

To: Kirlin, Brooks Subject: RE: Questions about Subchapter 31

Brooks,

I have a few comments about the changes to be ma de to OAC 252:100-31, specifically, the SO2 monitoring requirements for sources with heat input of 250 mmBTU/Hr or more (OAC 252:100-31- 25(3)(A)(ii)(I)).

The owner or operate shall continuously monitor SO2 emissions except where [...] gaseous fuel containing less than 160 ppmv at standard conditions on a dry basis (0.1% by weight) sulfur is the only

fuel burned.

1 – Why is the 160 ppmv limit for sulfur instead of hy drogen sulfide, which would make it comparable to
NSPS J?

2 – If the 160 ppmv and 0.1 wt% limits are intended to be applicable to total sulfur in the fuel gas, does the state intend for the fuel gas to be continuously m onitored to demonstrate compliance, or is a single sample or process knowledge adequate? The Ponca City refinery continuously monitors it’s fuel gas systems for hydrogen sulfide as required by NSPS J, but does not monitor for total sulfur.

3 – The original version of the rule limited the fuel gas sulfur content to 0.1 wt%, but the revised rule includes the 160 ppmv limit. I’ve calculated a few cases to see what the characteristics of a fuel gas stream would need to be for the 160 ppmv and 0.1 wt% to represent the same amount of sulfur. I found that the molecular weight of the fuel gas (excludi ng the sulfur) would need to be about 5 lbs/lb-mole, which is very low. Assuming a mixture of methane and hydrogen, the gas composition would need to be about 78% hydrogen and 22% methane and the resulti ng heating value of the gas would be about 476 BTU/SCF, which is also very low and not really practical as a fuel.

Assuming the case of a fuel gas stream made up of 100% methane and no hydrogen, the sulfur content would need to be about 500 ppmv in order to also be 0.1 wt%, or 0.03 wt% sulfur in order to also be 160 ppmv. As such, the 160 ppmv, when applied to natural gas or refinery fuel gas, appears to be more stringent that the 0.1 wt% limit.

Anyway...just a few thoughts that I had regarding the proposed rule.

Dave Gamble PE Consultant - Environmental 1228 RB; Ponca City, OK (580) 767-2862 ETN 442; Fax (580) 767-5583

< mailto:Dave.H.Gamble@conocophillips.com >

From: Terrill, Eddie [ mailto:ETerrill@deq.ok.gov ]

Sent: Thursday, September 08, 2011 10:52 AM

To: Gamble, David H.

### Cc: Kirlin, Brooks Subject: RE: Questions about Subchapter 31



### I have copied Brooks Kirlin who would be your contact.

From: Gamble, David H. [ mailto:Dave.H.Gamble@conocophillips.com ]

Sent: Thursday, September 08, 2011 10:47 AM

To: Terrill, Eddie Subject: Questions about Subchapter 31

Eddie,

I have a few questions about the proposed revisions to OAC 252:100-31 which are to be presented at the October 5 Air Quality Advisory Council meeting. Who would be the right person to direct my questions to?

Dave Gamble PE Consultant - Environmental 1228 RB; Ponca City, OK (580) 767-2862 ETN 442; Fax (580) 767-5583

< mailto:Dave.H.Gamble@conocophillips.com >

### From: Landers, Stephen (MSK) [mailto:STEPHEN.LANDERS@GAPAC.com]
Sent: Monday, September 26, 2011 2:54 PM
To: Kirlin, Brooks Subject: ODEQ Sulfur Compounds Rule Proposal

Mr. Kirlin,

As we discussed on the phone, the proposed languag e in 252:100-31-25(3)(A)(i) states: “Opacity. The owner or operator shall continuously monitor opacity, except where gaseous fuel is the only fuel burned.” We have similar language in our current Title V permit for O 2 

### monitoring. The permit states that “...the permittee shall continuously monitor the oxygen concentration...”

Because this condition is stated the way it is, it has been our position that a deviation from that permit requirement occurs any time there are losses of O 2 

### monitoring for any reason other than routine maintenance or calibration. Our permit writer is currently changing this permit condition to “The permittee is required to have installed, and to maintain and operate a continuous monitoring system for oxygen concentration.” This re-written permit condition is co nsistent with our Title V requirement for opacity monitoring. Continuous monitors will experience malfunctions and/or downtime during their operation, and it does not seem that the ODEQ would expect devi ation reporting for such monitor downtime so long as the downtime is within applicable allowances.

I see the same issue with the 252:100-31-25(3)(A)(i) pr oposal, that the loss of opacity monitoring for any reason other than routine maintenance or calibrat ion would arguably be an immediate deviation. I propose the following for 252:100-31-25(3)(A)(i): “Opacity. The owner or operator shall install, maintain and operate a continuous opacity monitoring system, ex cept where gaseous fuel is the only fuel burned.”

Thank you for your consideration.



### Steve Landers Georgia-Pacific Consumer Products LP Environmental Program Mgr. 918-684-4859 (office) 404-232-4189 (efax)

## Permanent Final Adoptions

amendment shall be made to the DEQ in writing within 30 days of the date the change occurred. Application for correction oftypographical errors can be made at anytime. An administrative permit amendment can be made to: (1) correct typographical errors;(2) identify a change in name, address, or phone number of any person identified in the permit, or provide a similar minor administrative change at the facility; (3) require more frequent monitoring or reporting by the permittee; and/or(4) allow other permit amendments that are not physical or operational changes and that do not result in an
increase in emissions. (c) Denial or revocation of a permit to operate. No owneror operator shall cause or authorize the operation of a minor facility if the DEQ denies or revokes a permit to operate. (d) Permit Categories. Three types of operating permitsare available. See OAC 252:100-7-15(b) for a complete description of the permit categories. (e) Permit application requirements. An operating permit application shall meet the following requirements. (1) New or modified facility. An operating permit application must contain the following information. (A) Application content. Application shall be made on a form provided by the DEQ. An application
shall contain: (i) The proposed operation start-up date, or phased dates when applicable. (ii) Revisions to the installation/construction, if any, that differed from the construction design and plan given in the permit application material, data and specifications. (B) Emission tests. Before a permit to operate anew or modified minor facility is granted, the applicant, if required by the DEQ, shall conduct emission tests in accordance with methods approved by the DEQ with the tests being made at the expense of the applicant. The DEQ shall be given advance notice of the tests, may monitor performance tests conducted by the applicant, and may also conduct emissionstests. The results of any required test must be provided to the DEQ along with supporting information as required. (2) Contents of an application for an administrative permit amendment. The application may be made on theDEQ application form or it may be in letter form. The application shall: (A) describe the change to be made to the permit, (B) include the date the change occurred, (C) identify the facility and source involved, and (D) be signed by the applicant. (f) Operating permit conditions. (1) Emission limitations established and made a part of the construction permit are incorporated into and becomeenforceable limitations of the subsequently issued operating permit. (2) Permit limitations in adjustment of, or in addition to, the facility's construction permit limitations may be made a condition of the facility's operating permit issuance.

[OAR Docket #12-651; filed 5-21-12]



### TITLE 252. DEPARTMENT OF ENVIRONMENTAL QUALITY CHAPTER 100. AIR POLLUTION CONTROL

[OAR Docket #12-653]

RULEMAKING ACTION: PERMANENT final adoption RULES: Subchapter 31. Control of Emission of Sulfur Compounds
Part 1. General Provisions 252:100-31-1. [AMENDED] 252:100-31-2. [AMENDED] 252:100-31-4. [NEW] Part 2. Ambient Air Concentration Limits or Impacts for New and Existing Equipment, Sources, or Facilities 252:100-31-7. [AMENDED] Part 3. Existing Equipment Standards 252:100-31-13. [AMENDED] 252:100-31-15. [AMENDED] 252:100-31-16. [AMENDED] Part 5. New Equipment Standards 252:100-31-25. [AMENDED] 252:100-31-26. [AMENDED] 252:100-31-27. [REVOKED] AUTHORITY: Environmental Quality Board; 27A O.S. §§ 2-2-101, Air Quality Advisory Council, 27A O.S. §§ 2-2-201 and 2-5-107, and Oklahoma Clean Air Act, 27A O.S.§§ 2-5-101 et seq. DATES: Comment period: June 15, 2011 through July 20, 2011 September 1, 2011 through October 5, 2011 December 1, 2011 through January 18, 2012 Public hearing: July 20, 2011 October 5, 2011 January 18, 2012 February 24, 2012 Adoption: February 24, 2012 Submitted to Governor: March 2, 2012 Submitted to House: March 2, 2012 Submitted to Senate: March 2, 2012 Gubernatorial approval: April 13, 2012 Legislative approval: Failure of the Legislature to disapprove the rule(s) resulted in approval on May 1, 2012 Final adoption: May 1, 2012
Effective: July 1, 2012 SUPERSEDED EMERGENCY ACTIONS:
N/A INCORPORATIONS BY REFERENCE:
N/A ANALYSIS: The Department is proposing changes to Subchapter 31, Control of Emission of Sulfur Compounds, to clarify the language and to bring the allowable sulfur dioxide (SO 2 ) ambient air limits set forth in OAC 252:100-31-7(a) into line with the requirements of the recently-enacted change

Oklahoma Register (Volume 29, Number 19) 

### 996 June 15, 2012

## Permanent Final Adoptions

to the SO 2 National Ambient Air Quality Standards (NAAQS). In response to previous public and Council comments, the Department is proposing additional changes to several longstanding control, monitoring, and emission requirements of the Subchapter. In addition, the Department is proposing to add requirements for fuel-burning equipment that uses an alternative fuel. The Department is also proposing to add a new section 252:100-31-4, which aligns Subchapter 31 excess emission reporting requirements with those of 252:100-9 for facilities that are also covered by a 40 CFR Part 60 emission limit. CONTACT PERSON: Cheryl Bradley, Department of Environmental Quality, Air Quality Division, 707 North Robinson, P.O. Box 1677, Oklahoma City, Oklahoma 73101-1677, (405) 702-4100

PURSUANT TO THE ACTIONS DESCRIBED HEREIN,
THE FOLLOWING RULES ARE CONSIDERED FINALLY ADOPTED AS SET FORTH IN 75 O.S., SECTION 308.1(A), WITH AN EFFECTIVE DATE OF JULY 1, 2012:



### SUBCHAPTER 31. CONTROL OF EMISSION OF SULFUR COMPOUNDS

PART 1. GENERAL PROVISIONS

252:100-31-1. Purpose The purpose of this S u b c h a p t e r s u b c h a p t e r is to control emissions of sulfur compounds from stationary sources i n

o r d e r t o p r e v e n t t h e O k l a h o m a A i r Q u a l i t y S t a n d a r d f r o m b e i n g e x c e e d e d a n d i n s u r e t h a t d e g r a d a t i o n o f t h e p r e s e n t l e v e l o f a i r q u a l i t y i n O k l a h o m a d o e s n o t o c c u r

.

252:100-31-2. Definitions The following words or terms, when used in this S u b c h a p

t e r s u b c h a p t e r , shall have the following meaning, unless the context clearly indicates otherwise:

" A l t e r n a t i v e f u e l " m e a n s f u e l d e r i v e d f r o m a n y s o u r c e

o t h e r t h a n p e t r o l e u m , n a t u r a l g a s , o r c o a l

. A l t e r n a t i v e f u e l i n

c l u d e s , b u t i s n o t l i m i t e d t o , b i o g a s , w a s t e

- d e r i v e d f u e l

, r e c y

c l e d t i r e s , t i r e

- d e r i v e d f u e l

, a n d w o o d f u e l a s d e f i n e d i n O A C
2 5 2 : 1 0 0

- 1 9

- 1

. "Black liquor solids" means the dry weight of the solids,

w h i c h t h a t enter the recovery furnace in the black liquor. "Digester system" means each continuous digester or each batch digester used for the cooking of wood in white liquor, and associated flash tank(s), b e l o w b l o w tank(s), chip steamer(s), and condenser(s).

" E x i s t i n g f a c i l i t y , " " e x i s t i n g s o u r c e , " o r " e x i s t i n g

e q u i p m e n t " m e a n s a n y f a c i l i t y , s o u r c e , o r e q u i p m e n t t h a t

e m i t s s u l f u r c o m p o u n d s a n d w h i c h i s i n b e i n g p r i o r t o J u l y 1

, 1 9 7 2

, e x c e p t t h a t f o r f a c i l i t i e s , s o u r c e s , o r e q u i p m e n t s u b j e c t

t o : ( A ) O A C 2 5 2 : 1 0 0

- 3 1

- 7 ( b ) a n d / o r O A C
2 5 2 : 1 0 0

- 3 1

- 2 6 ( a ) ( 1 )

, t h e d a t e i s p r i o r t o D e c e m

b e r 3 1

, 1 9 7 4

, a n d ( B ) O A C 2 5 2 : 1 0 0

- 3 1

- 1 3

, t h e d a t e i s o n o r b e f o r e A u g u s t 1 7 1 9 7 1

. " F o s s i l f u e l

- f i r e d s t e a m g e n e r a t o r " m e a n s a f u r n a c e o r b o i l e r u s e d i n t h e p r o c e s s o f b u r n i n g f o s s i l f u e l f o r t h e p r i m a r y
p u r p o s e o f p r o d u c i n g s t e a m b y h e a t t r a n s f e r

.

" K r a f t p u l p m i l l " m e a n s a n y p u l p m i l l p r o c e s s f a c i l i t y
t h a t p r o d u c e s p u l p f r o m w o o d b y c o o k i n g ( d i g e s t i n g ) w o o d

c h i p s i n a w a t e r s o l u t i o n o f s o d i u m h y d r o x i d e a n d s o d i u m s u l

f i d e ( w h i t e l i q u o r ) a t h i g h t e m p e r a t u r e a n d p r e s s u r e

. R e g e n e r

a t i o n o f t h e c o o k i n g c h e m i c a l s t h r o u g h a r e c o v e r y p r o c e s s i s

a l s o c o n s i d e r e d p a r t o f t h e k r a f t p u l p m i l l

. "Lime kiln" means a unit used to calcine lime mud, which consists primarily of calcium carbonate, into quickline, which
is calcium oxide. "Multiple-effect evaporator system" means the multiple-effect evaporators and associated condenser(s) and hotwell(s) used to concentrate the spent cooking liquid that is separated from the pulp (black liquor).

" N e w f a c i l i t y , " " n e w i n s t a l l a t i o n , " " n e w s o u r c e , " o r

" n e w e q u i p m e n t " m e a n s a n y f a c i l i t y , i n s t a l l a t i o n , s o u r c e , o r

e q u i p m e n t t h a t e m i t s s u l f u r c o m p o u n d s a n d w h i c h i s n o t i n b e i n g o n , o r w h i c h i s m o d i f i e d a f t e r , J u l y 1

, 1 9 7 2

, e x c e p t t h a t f o r : ( A ) f a c i l i t i e s , i n s t a l l a t i o n s , s o u r c e s , o r e q u i p

m e n t s u b j e c t t o O A C 2 5 2 : 1 0 0

- 3 1

- 7 ( b ) a n d / o r O A C
2 5 2 : 1 0 0

- 3 1

- 2 6 ( a ) ( 1 ) t h e d a t e i s D e c e m b e r 3 1

, 1 9 7 4 ; ( B ) p e t r o l e u m r e f i n i n g f a c i l i t i e s , s o u r c e s , o r e q u i p

m e n t s u b j e c t t o O A C 2 5 2 : 1 0 0

- 3 1

- 2 6 ( a ) ( 2 )

, t h e d a t e i s D e c e m b e r 3 1

, 1 9 7 4 ; a n d ( C ) f a c i l i t i e s , s o u r c e s o r e q u i p m e n t s u b j e c t t o O A C
2 5 2 : 1 0 0

- 3 1

- 1 3

, t h e d a t e i s A u g u s t 1 7

, 1 9 7 1

. "Petroleum and natural gas process e q u i p m e n t " means
p r o c e s s e s t h e p r o c e s s e q u i p m e n t used i n t h e p r o c e s s i n g o f

t o c o n v e r t crude petroleum and/or natural gas into refined products i n c l u d i n g

. P e t r o l e u m a n d n a t u r a l g a s p r o c e s s

e q u i p m e n t i n c l u d e s , but i s not limited to, distillation columns, treating columns, catalytic cracking units, catalytic reforming units, sulfur removal equipment, petroleum coke units, flares,heat exchangers, reboilers, jet ejectors, compressors, recompressors, and a n y other auxiliary equipment pertinent to the

process.

" P e t r o l e u m a n d n a t u r a l g a s p r o c e s s f a c i l i t y " m e a n s a f a c i l i t y t h a t i s e n g a g e d i n c o n v e r t i n g c r u d e p e t r o l e u m a n d / o r

n a t u r a l g a s i n t o r e f i n e d p r o d u c t s

. P e t r o l e u m a n d n a t u r a l g a s
p r o c e s s f a c i l i t i e s i n c l u d e p e t r o l e u m r e f i n e r i e s a n d n a t u r a l g a s
p r o c e s s i n g p l a n t s ( a s d e f i n e d i n 4 0 C F R § 6 0

. 6 3 1 )

, b u t d o n o t i n c l u d e p e t r o l e u m a n d n a t u r a l g a s p r o d u c t i o n , g a t h e r i n g , a n d

t r a n s p o r t a t i o n f a c i l i t i e s

.

" P u l p m i l l " m e a n s t h e p r o c e s s e q u i p m e n t u s e d i n p r o

d u c t i o n o f p u l p f r o m w o o d c h i p s o r b o l t s w h i c h m a y i n c l u d e b u t a r e n o t l i m i t e d t o , d e b a r k e r , c h i p p e r , d i g e s t e r , b l o w t a n k

,
w a s h e r s , c o n d e n s e r s , e v a p o r a t o r s , r e c o v e r y f u r n a c e , l i m e k i l n ,
s m e l t

- d i s s o l v i n g t a n k

, m i x e r s , h e a t e x c h a n g e r s , g a s s c r u b b e r s ,
a n d o t h e r a u x i l i a r i e s p e r t i n e n t t o t h e p r o c e s s

. "Recovery furnace" means either a straight k r a f t r e c o v

e r y k r a f t

- r e c o v e r y furnace or a c r o s s r e c o v e r y c r o s s

- r e c o v e r y furnace, and includes the direct-contact evaporator for a d i r e c t

c o n t a c t d i r e c t

- c o n t a c t furnace.

June 15, 2012 

### 997 Oklahoma Register (Volume 29, Number 19)

## Permanent Final Adoptions

"S m e l t d i s s o l v i n g S m e l t

- d i s s o l v i n g tank" means a vessel used for dissolving the smelt collected from the recovery
furnace. "Sulfur recovery p l a n t u n i t " means a process device that recovers elemental sulfur from acid gas. "Sweetening p l a n t u n i t " means a p r o c e s s n a t u r a l g a s
p r o c e s s i n g device that s e p a r a t e s t h e r e m o v e s h y d r o g e n s u l f i d e H 2 S and c a r b o n d i o x i d e C O 2 c o n t e n t s from the gas stream.

" T h r e e
- h o u r a v e r a g e " o r " 3

- h o u r a v e r a g e " m e a n s t h e

a r i t h m e t i c a v e r a g e o f s a m p l i n g r e s u l t s o r c o n t i n u o u s e m i s s i o n

m o n i t o r i n g d a t a f r o m t h r e e c o n t i g u o u s o n e

- h o u r p e r i o d s

. "Total reduced sulfur" or "TRS" i s m e a n s the sum of thecompounds hydrogen sulfide, methyl mercaptan, dimethyl sulfide, and dimethyl disulfide.

2 5 2 : 1 0 0

- 3 1

- 4

. E x c e s s e m i s s i o n r e p o r t i n g a n d a l t e r n a t i v e

r e p o r t i n g s c h e d u l e A n y e x c e s s e m i s s i o n r e s u l t i n g f r o m a v i o l a t i o n o f a n y

e m i s s i o n l i m i t c o n t a i n e d i n t h i s s u b c h a p t e r s h a l l b e r e p o r t e d i n

a c c o r d a n c e w i t h t h e r e q u i r e m e n t s o f O A C 2 5 2 : 1 0 0

- 9

. I n t h e

e v e n t t h a t t h e e x c e s s e m i s s i o n i s a l s o a v i o l a t i o n o f a n a p p l i c a

b l e 4 0 C F R P a r t 6 0 e m i s s i o n l i m i t

, t h e o w n e r o r o p e r a t o r m a y

r e p o r t t h e e x c e s s e m i s s i o n a s p a r t o f a n a l t e r n a t i v e r e p o r t i n g

s c h e d u l e a p p l i e d f o r o r o b t a i n e d u n d e r O A C 2 5 2 : 1 0 0

- 9

- 7 ( d )

, i f t h e f o l l o w i n g r e q u i r e m e n t s a r e m e t

. ( 1 ) T h e e x c e s s e m i s s i o n o c c u r s a t t h e s a m e e m i s s i o n

u n i t a t t h e s a m e t i m e

. ( 2 ) T h e e m i s s i o n l i m i t i s f o r t h e s a m e r e g u l a t e d a i r p o l

l u t a n t

, a n d h a s t h e s a m e a v e r a g i n g t i m e a n d u n i t s o f m e a

s u r e a s t h e a p p l i c a b l e 4 0 C F R P a r t 6 0 e m i s s i o n l i m i t

.



### PART 2. AMBIENT AIR CONCENTRATION LIMITS OR IMPACTS FOR NEW AND EXISTING EQUIPMENT, SOURCES, OR FACILITIES

252:100-31-7. A m b i e n t a i r c o n c e n t r a t i o n l i m i t s o r i m p a c t s A l l o w a b l e h y d r o g e n s u l f i d e ( H 2 S )

a m b i e n t a i r c o n c e n t r a t i o n s f o r n e w a n d

e x i s t i n g s o u r c e s (a) [ R e s e r v e d ] S u l f u r o x i d e s

. E m i s s i o n s o f s u l f u r d i o x i d e f r o m a n y e x i s t i n g f a c i l i t y o r a n y n e w p e t r o l e u m a n d n a t u r a l g a s
p r o c e s s f a c i l i t y w i t h e q u i p m e n t s u b j e c t t o O A C 2 5 2 : 1 0 0

- 3 1

- 2 6 ( a ) ( 1 ) s h a l l n o t i m p a c t e x i s t i n g a m b i e n t a i r c o n c e n t r a t i o n s

o f s u l f u r d i o x i d e b y m o r e t h a n : ( 1 ) 1 3 0 0 μ g / m 3 ( 0

. 5 0 p p m ) i n a f i v e ( 5 ) m i n u t e p e r i o d o f

a n y h o u r ; ( 2 ) 1 2 0 0 μ g / m 3 ( 0

. 4 6 p p m )

, o n e

- h o u r a v e r a g e ; ( 3 ) 6 5 0 μ g / m 3 ( 0

. 2 5 p p m )

, 3

- h o u r a v e r a g e ; ( 4 ) 1 3 0 μ g / m 3 ( 0

. 0 5 p p m )

, 2 4

- h o u r a v e r a g e ; o r , ( 5 ) 8 0 μ g / m 3 ( 0

. 0 3 p p m )

, a n n u a l a r i t h m e t i c m e a n

. (b) Hydrogen sulfide. Emissions of h y d r o g e n s u l f i d e H 2 S from any n e w o r e x i s t i n g s o u r c e f a c i l i t y shall not r e s u l t i n a 2 4

- h o u r a v e r a g e c a u s e a n ambient air concentration of h y d r o

g e n s u l f i d e a t a n y g i v e n p o i n t o f H 2 S g r e a t e r t h a n 0.2 ppm o r
g r e a t e r a t s t a n d a r d c o n d i t i o n s , 2 4

- h o u r a v e r a g e

. (c) Exceptions. The standards set in s u b s e c t i o n s ( a ) a n d ( b )

o f this S e c t i o n s e c t i o n shall not apply to ambient air concentrations or impacts occurring on the property from which such emission occurs, providing such property, from the emission point to the point of any such concentration, is controlled by the person responsible for such emission. (d) Compliance assurance. Upon approval of the Director,facility operators may use appropriate material balances, performance test data, and/or emission factors to determine stack emissions combined, when necessary, with the appropriate

E P A a p p r o v e d E P A

- a p p r o v e d atmospheric dispersion models to determine ambient air concentration or impact in lieu of ambient air monitoring as proof of compliance with l i m i t s t h e l i m i t set in O A C 2 5 2 : 1 0 0

- 3 1

- 7 ( a ) a n d ( b ) t h i s s e c t i o n

.



### PART 3. EXISTING EQUIPMENT STANDARDS

252:100-31-13. R e q u i r e m e n t s f o r e x i s t i n g S u l f u r i c

s u l f u r i c acid plants
A n y s u l f u r i c a c i d p l a n t t h a t w a s i n b e i n g o n o r b e f o r e A u

g u s t 1 7

, 1 9 7 1 s h a l l c o m p l y w i t h t h e f o l l o w i n g r e q u i r e m e n t s

. (a 1 ) Sulfuric acid mist. standard. A f t e r J a n u a r y 1 0

, 1 9 7 9

, e m i s s i o n s E m i s s i o n s of sulfuric acid mist f r o m

a n y e x i s t i n g s u l f u r i c a c i d p l a n t shall not exceed 0.5 l b / T

p o u n d s p e r t o n of acid produced (250 g / M T g r a m s p e r

m e t r i c t o n ). The acid production shall be expressed as 100% sulfuric acid (H 2 SO 4 ). (b 2 ) C o n t i n u o u s e m i s s i o n E m i s s i o n monitoring.
C o n t i n u o u s m o n i t o r i n g o f s u l f u r d i o x i d e i s r e q u i r e d f o r

e x i s t i n g T h e o w n e r o r o p e r a t o r s h a l l i n s t a l l

, c a l i b r a t e ,
m a i n t a i n , a n d o p e r a t e a c o n t i n u o u s S O 2 e m i s s i o n s m o n i

t o r i n g s y s t e m f o r a n y sulfuric acid p l a n t s w h e r e t h e p l a n t

w i t h a production capacity i s greater than 300 t o n s p e r d a y T P D expressed as 100% acid, except where the conversion of sulfuric acid is utilized to prevent emissions of sulfur dioxide or other sulfur compounds. (c 3 ) Installation, calibration, a n d maintenance, a n d

o p e r a t i o n of emission monitoring systems. Required

e m i s s i o n monitoring systems shall be installed, calibrated, maintained, and operated in accordance with 40 CFR
P a r t 60, Appendix B, and 40 CFR P a r t 51, Appendix P.
A p p e n d i x P i s h e r e b y i n c o r p o r a t e d b y r e f e r e n c e

.

252:100-31-15. R e q u i r e m e n t s f o r e x i s t i n g K r a f t k r a f t pulp mills After May 8, 1989, a l l e x i s t i n g a n y kraft pulp m i l l s m i l l t h a t

w a s i n b e i n g o n o r b e f o r e J u l y 1

, 1 9 7 2 shall c o m p l y w i t h m e e t the following r e q u i r e m e n t s s t a n d a r d s

. (1) T R S

. E m i s s i o n s o f TRS e m i s s i o n s f r o m a n y r e c o v

e r y f u r n a c e shall not exceed: ( A ) 40 ppm T R S

, measured a h y d r o g e n s u l f i d e

a s H 2 S on a dry basis and on a 12-hour average, converted to e i g h t p e r c e n t ( 8%) by volume oxygen. f r o m

a n y r e c o v e r y f u r n a c e ; (2 B ) T R S e m i s s i o n s f r o m a n y l i m e k i l n s h a l l n o t e x

c e e d 40 ppm T R S measured as h y d r o g e n s u l f i d e H 2 S on

Oklahoma Register (Volume 29, Number 19) 

### 998 June 15, 2012

## Permanent Final Adoptions

a dry basis and on a 12-hour average, corrected to t e n p e r

c e n t ( 10%) by volume oxygen. f r o m a n y l i m e k i l n ; a n d

, (3 C ) T R S e m i s s i o n s f r o m a n y s m e l t

- d i s s o l v i n g t a n k

s h a l l n o t e x c e e d 0.033 l b p o u n d s TRS p e r t o n / T b l a c k
l i q u o r s o l i d s a s h y d r o g e n s u l f i d e (0.016 g TRS/kg) of black liquor solids, m e a s u r e d as H 2 S o n h y d r o g e n s u l f i d e )
f o r a 12-hour average f r o m a n y s m e l t d i s s o l v i n g t a n k

. (4 2 ) N o n
- c o n d e n s a b l e g a s e s

. Non-condensable gasesfrom all evaporators and digester systems shall be efficiently incinerated or otherwise treated to limit emissions
of TRS m e a s u r e d a s h y d r o g e n s u l f i d e to less than f i v e ( 5)

p p m v , m e a s u r e d a s H 2 S a t s t a n d a r d c o n d i t i o n s p p m b y

v o l u m e on a dry basis.

252:100-31-16. R e q u i r e m e n t s f o r e x i s t i n g f o s s i l F o s s i l fuel-fired steam generators
A n y f o s s i l f u e l

- f i r e d s t e a m g e n e r a t o r u n i t t h a t w a s i n b e

i n g o n o r b e f o r e J u l y 1

, 1 9 7 2 s h a l l c o m p l y w i t h t h e f o l l o w i n g

r e q u i r e m e n t s

. (a 1 ) C o n t i n u o u s e m i s s i o n E m i s s i o n monitoring.
C o n t i n u o u s m o n i t o r i n g o f s u l f u r d i o x i d e T h e o w n e r o r

o p e r a t o r s h a l l i n s t a l l

, c a l i b r a t e , m a i n t a i n , a n d o p e r a t e

a c o n t i n u o u s S O 2 emissions m o n i t o r i n g s y s t e m f o r a n y i s r e q u i r e d f o r e x i s t i n g fossil fuel-fired steam g e n e r a t o r
t h a t g e n e r a t o r s w h e r e t h e s o u r c e utilizes an air pollution abatement operation to reduce the s u l f u r d i o x i d e emissions o f s u l f u r o x i d e s . Continuous monitoring of oxygen or carbon dioxide is required w h e r e i f it is necessary to

convert s u l f u r d i o x i d e S O 2 monitoring results. (b 2 ) Installation, calibration, a n d maintenance, a n d

o p e r a t i o n of emission monitoring systems. Required

e m i s s i o n monitoring systems shall be installed, calibrated, maintained, and operated in accordance with 40 CFR P a r t 60, Appendix B, and 40 CFR P a r t 51, Appendix P.



### PART 5. NEW EQUIPMENT STANDARDS

252:100-31-25. R e q u i r e m e n t s f o r n e w F u e l

- b u r n i n g f u e l

- b u r n i n g equipment
A n y f u e l

- b u r n i n g e q u i p m e n t t h a t w a s n o t i n b e i n g o n o r b e f o r e J u l y 1

, 1 9 7 2 o r t h a t i s m o d i f i e d a f t e r J u l y 1

, 1 9 7 2 s h a l l

c o m p l y w i t h t h e f o l l o w i n g r e q u i r e m e n t s

. (a 1 ) Emission limits. E m i s s i o n s o f S O 2 a t t r i b u t a b l e t o
t h e b u r n i n g o f f u e l b y f u e l

- b u r n i n g e q u i p m e n t s h a l l m e e t

t h e f o l l o w i n g l i m i t s

. (1 A ) G a s
- f i r e d f u e l

- b u r n i n g e q u i p
m e n t G a s e o u s f u e l

. E m i s s i o n s o f S O 2 S u l f u r

o x i d e e m i s s i o n s ( m e a s u r e d a s s u l f u r d i o x i d e ) from

c o m b u s t i o n o f n a t u r a l g a s o r o t h e r g a s e o u s f u e l i n

a n y n e w g a s

- f i r e d fuel-burning equipment shall not
exceed 0.2 lb/M M B t u M M B T U heat input (86 ng/J). (2 B ) L i q u i d

- f i r e d f u e l

- b u r n i n g e q u i p m e n t L i q
u i d f u e l

. E m i s s i o n s o f S O 2 S u l f u r o x i d e e m i s s i o n s ( m e a s u r e d a s s u l f u r d i o x i d e ) from c o m b u s t i o n o f l i q

u i d f u e l i n a n y n e w l i q u i d

- f i r e d fuel-burning equipment shall not exceed 0.8 lb/M M B t u M M B T U heat input (340 ng/J). (3 C ) Solid f u e l

- b u r n i n g e q u i p m e n t f u e l

. E m i s

s i o n s o f S O 2 S u l f u r o x i d e e m i s s i o n s ( m e a s u r e d a s

s u l f u r d i o x i d e ) from c o m b u s t i o n o f a n y n e w solid
f u e l i n fuel-burning equipment shall not exceed 1.2
lb/M M B t u M M B T U heat input (520 ng/J). (4 D ) Combination of fuels burned. When different types of fuels are burned simultaneously in any combination, e m i s s i o n s o f S O 2 s h a l l n o t e x c e e d the applicable s t a n d a r d ( i n l b / M M B t u ) s h a l l b e l i m i t determined by proration unless a secondary fuel is used in de minimis quantities (less than f i v e p e r c e n t ( 5%) of total B t u B T U h e a t input annually). C o m p l i

a n c e T h e a p p l i c a b l e l i m i t

, i n l b / M M B T U h e a t i n p u t

, shall be determined using the following formula, where X is the percent of total heat input derived from

g a s g a s e o u s fuel, Y is the percent of total heat input derived from liquid fuel, and Z is the percent of total heat input derived from solid fuel:. S O 2 l i m i t = [ X ( 0

. 2 )

+ Y ( 0

. 8 ) + Z ( 1

. 2 ) ] / ( X + Y + Z ) S O 2 l i m i t = ( 0

. 2 X + 0

. 8 Y + 1

. 2 Z ) / ( X + Y + Z )

. (b 2 ) Averaging time. The averaging time for the emission limits set in OAC 252:100-31-25( 1 ) ( a ) is t h r e e ( 3) hours unless a solid fuel sampling and analysis method is used to determine emission compliance. In that case the averaging time is 24 hours. (c 3 ) E m i s s i o n m o n i t o r i n g , f u e l m o n i t o r i n g , a n d

r e c o r d k e e p i n g A d d i t i o n a l r e q u i r e m e n t s for sources with heat input of 250 M M B t u M M B T U /hr or more.

T h e r e q u i r e m e n t s c o n t a i n e d i n t h i s s u b s e c t i o n a p p l y t o

a n y n e w A n y fuel-burning equipment with a r a t e d d e s i g n heat input v a l u e s of 250 M M B t u M M B T U / h r or g r e a t e r

m o r e s h a l l c o m p l y w i t h t h e f o l l o w i n g r e q u i r e m e n t s

. (1 A ) Emission monitoring. T h e i n s t r u m e n t s i n O A C 2 5 2 : 1 0 0

- 3 1

- 2 5 ( c ) ( 1 ) ( A ) a n d ( B ) ( I ) s h a l l b e i n s t a l l e d

, c a l i b r a t e d

, m a i n t a i n e d

, a n d o p e r a t e d i n a n y

n e w f u e l

- b u r n i n g e q u i p m e n t w i t h a r a t e d h e a t i n p u t

o f 2 5 0 M M B t u / h r o r g r e a t e r

. T h e s e i n s t r u m e n t s s h a l l
b e c a l i b r a t e d f o l l o w i n g p e r f o r m a n c e s p e c i f i c a t i o n s 2

a n d 3 o f 4 0 C F R P a r t 6 0

, A p p e n d i x B

. (A i ) Opacity. A photoelectric or other type
smoke detector and recorder shall be used to monitor opacity, except where gaseous fuel is the only
fuel burned. (B i i ) Sulfur dioxide. ( i ) A n i n s t r u m e n t f o r c o n t i n u o u s l y m o n i t o r i n g

a n d r e c o r d i n g s u l f u r d i o x i d e T h e o w n e r o r o p e r a

t o r s h a l l i n s t a l l

, c a l i b r a t e , m a i n t a i n , a n d o p e r a t e a

c o n t i n u o u s S O 2 emissions m o n i t o r i n g s y s t e m s h a l l
b e u s e d , except where: ( I ) gaseous fuel containing less than 0.1% by weight sulfur ( 0

. 2 9 g r / s c f o r a p p r o x i m a t e l y 5 0 0 p p m v a t s t a n d a r d c o n d i t i o n s o n a d r y b a s i s ) is the only fuel burned; or (I I i i ) A a solid o r l i q u i d fuel sampling and analysis method m a y b e i s used to determine
S O 2 emission compliance. ( i i i ) I n s t a l l a t i o n , c a l i b r a t i o n , m a i n t e n a n c e ,
a n d o p e r a t i o n o f e m i s s i o n m o n i t o r i n g s y s t e m s

.

June 15, 2012 

### 999 Oklahoma Register (Volume 29, Number 19)

## Permanent Final Adoptions

R e q u i r e d e m i s s i o n m o n i t o r i n g s y s t e m s s h a l l b e i n s t a l l e d

, c a l i b r a t e d

, m a i n t a i n e d

, a n d o p e r a t e d i n

a c c o r d a n c e w i t h 4 0 C F R P a r t 6 0

, A p p e n d i x B

,
a n d 4 0 C F R P a r t 5 1

, A p p e n d i x P

. (2 B ) Fuel monitoring. The sulfur content of solid

o r l i q u i d fuels as burned shall be determined in accordance with p r e v i o u s methods a s p r e v i o u s l y approved by the Director or in accordance with Method 19 of 40 CFR Part 60, Appendix A. (3 C ) Recordkeeping. The owner or operator o f a n y f u e l

- b u r n i n g e q u i p m e n t w i t h a r a t e d h e a t i n p u t o f 2 5 0
M M B t u / h r o r g r e a t e r shall maintain a f i l e r e c o r d s of all measurements required in p a r a g r a p h s ( 1 ) ( A ) and ( 2 ) ( B ) of this subsection i n a c c o r d a n c e w i t h t h e a p p l i

c a b l e r e q u i r e m e n t s o f O A C 2 5 2 : 1 0 0

- 4 3

- 7 , includingcompliance status records and excess emissions measurements. T h e s e r e c o r d s a n d m e a s u r e m e n t s s h a l l b e

r e t a i n e d f o r a t l e a s t t w o ( 2 ) y e a r s f o l l o w i n g t h e d a t e

o f s u c h m e a s u r e m e n t s , a n d m a d e a v a i l a b l e f o r i n s p e c

t i o n b y t h e D i v i s i o n o r i t s r e p r e s e n t a t i v e s d u r i n g n o r

m a l b u s i n e s s h o u r s

. ( 4 ) A l t e r n a t i v e f u e l

. T h e r e q u i r e m e n t s o f t h i s s e c t i o n

a p p l y t o a n y f u e l

- b u r n i n g e q u i p m e n t t h a t u s e s a n a l t e r n a

t i v e f u e l

, u n l e s s a n o t h e r l i m i t r e p r e s e n t i n g B A C T o r e q u i v

a l e n t i s s p e c i f i e d i n t h e s o u r c e ' s p e r m i t

. U s e o f a n a l t e r

n a t i v e f u e l i n f u e l

- b u r n i n g e q u i p m e n t i s a l l o w e d

, p r o v i d e d
i t s u s e i s a u t h o r i z e d u n d e r a n e n f o r c e a b l e p e r m i t

. U s e o f

a n a l t e r n a t i v e f u e l i n f u e l

- b u r n i n g e q u i p m e n t i s s u b j e c t t o

a n y a p p l i c a b l e r e s t r i c t i o n s o r p r o h i b i t i o n s t h a t m a y e x i s t i n

o t h e r p r o v i s i o n s o f s t a t e o r f e d e r a l s t a t u t e s o r r u l e s , e

. g

. , O A C 2 5 2 : 1 0 0

- 8

- 3 2

. 1

, 2 5 2 : 1 0 0

- 3 1

- 7

, 2 5 2 : 1 0 0

- 4 2

, a n d / o r 4 0 C F R P a r t s 6 0

, 6 1

, a n d / o r 6 3

.

252:100-31-26. R e q u i r e m e n t s f o r n e w P e t r o l e u m
p e t r o l e u m and natural gas processes
A n y p e t r o l e u m a n d n a t u r a l g a s p r o c e s s t h a t w a s n o t i n b e

i n g o n o r b e f o r e D e c e m b e r 3 1

, 1 9 7 4 o r t h a t i s m o d i f i e d a f t e r D e c e m b e r 3 1

, 1 9 7 4 s h a l l c o m p l y w i t h t h e f o l l o w i n g r e q u i r e

m e n t s

. ( a ) S t a n d a r d s

. (1) Hydrogen sulfide standards a n d a l a r m s y s t e m s

. ( A ) H y d r o g e n s u l f i d e H 2 S c o n t a i n e d i n t h e w a s t e
g a s s t r e a m from any n e w petroleum or natural gas process equipment shall be r e m o v e d f r o m t h e e x h a u s t

g a s s t r e a m o r i t s h a l l b e o x i d i z e d t o s u l f u r d i o x i d e

. H y d r o g e n s u l f i d e e m i s s i o n s s h a l l b e reduced by 95%

o f t h e h y d r o g e n s u l f i d e i n t h e e x h a u s t g a s

. b y r e m o v a l

o r b y b e i n g o x i d i z e d t o S O 2 p r i o r t o b e i n g e m i t t e d

t o t h e a m b i e n t a i r

. T h i s r e q u i r e m e n t s h a l l n o t a p p l y i f

a f a c i l i t y ' s e m i s s i o n s o f H 2 S d o n o t e x c e e d 0

. 3 l b / h r , t w o

- h o u r a v e r a g e

. ( B ) T h e o w n e r o r o p e r a t o r s h a l l i n s t a l l

, m a i n t a i n ,
a n d o p e r a t e a n a l a r m s y s t e m t h a t w i l l s i g n a l a m a l

f u n c t i o n f o r a l l t h e r m a l d e v i c e s u s e d t o c o n t r o l H 2 S

e m i s s i o n s f r o m p e t r o l e u m a n d n a t u r a l g a s p r o c e s s i n g f a c i l i t i e s r e g u l a t e d u n d e r t h i s s u b p a r a g r a p h

. (2) S u l f u r d i o x i d e s t a n d a r d s

. O x i d e s o f s u l f u r

. T h e f o l l o w i n g r e q u i r e m e n t s a p p l y t o a n y g a s s w e e t e n i n g u n i t o r p e t r o l e u m r e f i n e r y p r o c e s s e q u i p m e n t w i t h a s u l f u r c o n

t e n t o f g r e a t e r t h a n 0

. 5 4 L T / D i n t h e a c i d g a s s t r e a m

. A l

t e r n a t i v e l y , a n y g a s s w e e t e n i n g u n i t o r p e t r o l e u m r e f i n e r y
p r o c e s s e q u i p m e n t w i t h a n e m i s s i o n r a t e o f 1 0 0 l b / h r o r l e s s o f S O X e x p r e s s e d a s S O 2 , t w o

- h o u r a v e r a g e , s h a l l b e

c o n s i d e r e d t o b e b e l o w t h i s t h r e s h o l d

. (A) Natural gas p r o c e s s i n g s w e e t e n i n g u n i t s

. S u l f u r o x i d e e m i s s i o n s , c a l c u l a t e d a s s u l f u r d i o x i d e , T h e s u l f u r c o n t e n t o f a n y a c i d g a s s t r e a m from any

n e w gas sweetening p l a n t u n i t shall be reduced by use of a sulfur recovery p l a n t u n i t prior to release of the

e x h a u s t gas to the a t m o s p h e r e a m b i e n t a i r . The sulfur

recovery p l a n t u n i t s shall have the s u l f u r r e d u c t i o n

r e c o v e r y efficiencies required in s u b p a r a g r a p h s (C) through (F) of O A C 2 5 2 : 1 0 0

- 3 1

- 2 6 ( a ) ( 2 ) t h i s s u b

p a r a g r a p h

. (B) Petroleum refinery processing. Sulfur recovery p l a n t s u n i t s operating in conjunction with any refinery process shall have the s u l f u r r e d u c t i o n r e c o v e r y efficiencies required in p a r a g r a p h s (C) through (F) of
O A C 2 5 2 : 1 0 0

- 3 1

- 2 6 ( a ) ( 2 ) t h i s s u b p a r a g r a p h

. (C) G r e a t e r S u l f u r c o n t e n t g r e a t e r than 0. 54 LT/D but less than or equal to 5.0 LT/D. When the sulfur content of the acid gas stream from a n e w gas sweetening unit or refinery process is greater than 0.54 LT/D but less than or equal to 5.0 LT/D, the s u l

f u r d i o x i d e e m i s s i o n r e d u c t i o n r e c o v e r y efficiency of the sulfur recovery p l a n t u n i t shall be at least 75. 0 %. (D) G r e a t e r S u l f u r c o n t e n t g r e a t e r than 5. 0 LT/D but less than or equal to 150.0 LT/D. When the sulfur content of the acid gas stream from a n e w gas sweetening unit or refinery process is greater than 5.0 LT/D but less than or equal to 150.0 LT/D, the required s u l f u r d i o x i d e e m i s s i o n r e d u c t i o n r e c o v e r y efficiency of the sulfur recovery p l a n t u n i t shall be calculated using the following formula, where Z is
the minimum e m i s s i o n r e d u c t i o n s u l f u r r e c o v e r y efficiency required a t a l l t i m e s and X is the sulfur feed rate, expressed in LT/D of sulfur a n d rounded to one decimal place: Z = 92.34 ( X 0.00774 )

. (E) G r e a t e r S u l f u r c o n t e n t g r e a t e r than 150. 0 LT/D but less than or equal to 1500.0 LT/D. When the sulfur content of the acid gas stream from a n e w gas sweetening unit or refinery process is greater than 150.0 LT/D but less than or equal to 1500.0 LT/D, the required s u l f u r d i o x i d e e m i s s i o n r e d u c t i o n r e c o v e r y efficiency of the sulfur recovery p l a n t u n i t shall be calculated using the following formula, where Z is
the m i n i m u m e m i s s i o n r e d u c t i o n s u l f u r r e c o v e r y efficiency required a t a l l t i m e s and X is the sulfur feed
rate, expressed in LT/D of sulfur a n d rounded to one decimal place: Z = 88.78 ( X 0.0156 )

. (F) G r e a t e r S u l f u r c o n t e n t g r e a t e r than 1500. 0
LT/D. When the sulfur content of the acid gas stream
from a n e w gas sweetening unit or refinery process is greater than 1500.0 LT/D, a m i n i m u m s u l f u r d i o x i d e

r e d u c t i o n t h e r e c o v e r y efficiency of t h e s u l f u r r e c o v

e r y u n i t s h a l l b e a t l e a s t 99.5% s h a l l b e m e t

.

Oklahoma Register (Volume 29, Number 19) 

### 1000 June 15, 2012

## Permanent Final Adoptions

( b ) E x c e p t i o n s

. ( 1 ) H y d r o g e n s u l f i d e

. T h e r e q u i r e m e n t s o f O A C
2 5 2 : 1 0 0

- 3 1

- 2 6 ( a ) ( 1 ) s h a l l n o t a p p l y i f h y d r o g e n s u l f i d e

e m i s s i o n s d o n o t e x c e e d 0

. 3 l b / h r , t w o

- h o u r a v e r a g e

. ( 2 ) S u l f u r d i o x i d e

. T h e r e q u i r e m e n t s o f O A C
2 5 2 : 1 0 0

- 3 1

- 2 6 ( a ) ( 2 ) s h a l l n o t a p p l y t o a n y n e w p e t r o

l e u m o r n a t u r a l g a s p r o c e s s w h i c h w o u l d e m i t 1 0 0 l b / h r o r l e s s o f s u l f u r o x i d e s e x p r e s s e d a s s u l f u r d i o x i d e , t w o

- h o u r

a v e r a g e

. T h e r e q u i r e m e n t s o f p a r a g r a p h ( 2 ) o f s u b s e c t i o n ( a ) o f t h i s S e c t i o n c a n b e m e t a l t e r n a t i v e l y b y e s t a b l i s h i n g
t h a t t h e s u l f u r c o n t e n t o f t h e a c i d g a s s t r e a m f r o m a n y g a s

s w e e t e n i n g p l a n t o r r e f i n e r y p r o c e s s i s 0

. 5 4 L T / D o r l e s s

. ( c ) E m i s s i o n m o n i t o r i n g f o r h y d r o g e n s u l f i d e

. A l l n e w t h e r

m a l d e v i c e s f o r p e t r o l e u m a n d n a t u r a l g a s p r o c e s s i n g f a c i l i t i e s

r e g u l a t e d u n d e r O A C 2 5 2 : 1 0 0

- 3 1

- 2 6 ( a ) ( 1 ) s h a l l h a v e i n s t a l l e d

,
c a l i b r a t e d

, m a i n t a i n e d

, a n d o p e r a t e d a n a l a r m s y s t e m t h a t w i l l

s i g n a l n o n c o m b u s t i o n o f t h e g a s

.

252:100-31-27. Pulp mills [REVOKED] ( a ) E m i s s i o n l i m i t

. T h e e m i s s i o n o f s u l f u r o x i d e s , c a l c u

l a t e d a s s u l f u r d i o x i d e , f r o m t h e b l o w p i t s , w a s h e r v e n t s , s t o r

a g e t a n k s , d i g e s t e r r e l i e f

, a n d r e c o v e r y f u r n a c e o f a n y n e w
p u l p m i l l s h a l l n o t e x c e e d 1 8 l b / T ( a i r d r i e d ) o f p u l p p r o d u c e d

, t w o

- h o u r a v e r a g e

. ( b ) E m i s s i o n m o n i t o r i n g

. A l l n e w p u l p m i l l s s h a l l i n s t a l l

,
c a l i b r a t e , m a i n t a i n a n d o p e r a t e i n s t r u m e n t s f o r c o n t i n u o u s l y

m o n i t o r i n g a n d r e c o r d i n g e m i s s i o n s o f s u l f u r d i o x i d e f r o m t h e

r e c o v e r y s y s t e m g a s

- c l e a n i n g e q u i p m e n t a n d o t h e r l o c a t i o n s

a s r e q u i r e d b y t h e D i r e c t o r

. T h e i n s t r u m e n t s i n s t a l l e d a n d u s e d

p u r s u a n t t o t h i s S e c t i o n s h a l l h a v e a c o n f i d e n c e l e v e l o f a t l e a s t 9 5 % a n d b e a c c u r a t e w i t h i n " 2 0 % a n d s h a l l b e c a l i b r a t e d f o l

l o w i n g p e r f o r m a n c e s p e c i f i c a t i o n s 2 a n d 3 o f 4 0 C F R P a r t 6 0

, A p p e n d i x B

, a n d f o l l o w i n g t h e q u a l i t y a s s u r a n c e p r o c e d u r e s i n 4 0 C F R P a r t 6 0

, A p p e n d i x F

. ( c ) R e c o r d k e e p i n g

. T h e o w n e r o r o p e r a t o r o f a n y n e w p u l p

m i l l s u b j e c t t o p r o v i s i o n s o f t h i s S e c t i o n s h a l l m a i n t a i n f i l e s

o f a l l m e a s u r e m e n t s r e q u i r e d

, i n c l u d i n g c o m p l i a n c e s t a t u s

r e c o r d s a n d e x c e s s e m i s s i o n s m e a s u r e m e n t s

. T h e s e r e c o r d s

a n d m e a s u r e m e n t s s h a l l b e r e t a i n e d f o r a t l e a s t t w o y e a r s f o l l o w i n g t h e d a t e o f s u c h m e a s u r e m e n t s a n d m a d e a v a i l a b l e f o r i n s p e c t i o n b y t h e D i v i s i o n d u r i n g n o r m a l b u s i n e s s h o u r s

.
[OAR Docket #12-653; filed 5-21-12]



### TITLE 252. DEPARTMENT OF ENVIRONMENTAL QUALITY CHAPTER 110. LEAD-BASED PAINT MANAGEMENT

[OAR Docket #12-735A]

RULEMAKING ACTION: PERMANENT final adoption RULES: Subchapter 1. General Provisions 252:110-1-1. [AMENDED] 252:110-1-2. [AMENDED] 252:110-1-7. [REVOKED] Subchapter 5. Incorporation by Reference 252:110-5-1. [AMENDED] AUTHORITY: Environmental Quality Board, 27 A O.S. § 2-2-101, Air Quality Advisory Council, 27A O.S. §2-2-201 and Ok lahoma Lead-based Paint Management Act, 27A O.S. §§ 2-12-201. DATES: Comment period: December 15, 2010 through January 19, 2011 June 15, 2011 through July 20, 2011 September 1, 2011 through October 05, 2011 Public hearing: January 19, 2011 July 20, 2011 October 05, 2011 February 24, 2012 Adoption: February 24, 2012 Submitted to Governor: March 2, 2012 Submitted to House: March 2, 2012 Submitted to Senate: March 2, 2012 Gubernatorial approval: April 13, 2012 Legislative approval: Failure of the Legislature to disapprove the rules resulted in approval on May 1, 2012 Final adoption: May 1, 2012
Effective: July 1, 2012 SUPERSEDED EMERGENCY ACTIONS:
N/A INCORPORATIONS BY REFERENCE: Incorporated standards: The following Sections of 40 CFR Part 745, as they exist on August 8, 2011, are, unless otherwise specified, incorporated by reference in their entirety: 40 CFR 745.223 except the definitions of "Interim certification", "Business day", and "Training provider" 40 CFR 745.225 with exceptions 40 CFR 745.226 with exceptions 40 CFR 745.227 with exceptions
40 CFR 745.233
40 CFR 745.61
40 CFR 745.63
40 CFR 745.65
40 CFR 745.82
40 CFR 745.83
40 CFR 745.84
40 CFR 745.85
40 CFR 745.86
40 CFR 745.87
40 CFR 745.88
40CFR 745.89
40CFR 745.90
40 CFR 745.91 Incorporating rules:
252:110-5-1 Availability: The standards are on file at the Department of Environmental Quality, 707 North Robinson, Oklahoma City, Oklahoma, 73102, and are available to the public for examination Monday through Friday between the hours of 8:00 a.m. and 4:30 p.m, excluding state holidays. ANALYSIS: The Department is proposing to amend OAC 252:110-5-1, Incorporation by reference, to add the federal Lead-based Paint Renovation, Repair, and Painting (RRP) requirements in 40 CFR Part 745. This rule revision is an essential part of the Department's efforts to obtain U.S. Environmental Protection Agency's delegation to administer the federal RRP program in
Oklahoma. The Department is also proposing to revoke OAC 252:110-1-7, Reference to 40 CFR, because it is a duplication of language already included in Subchapter 5, Incorporation by Reference. In addition, the Department is

June 15, 2012 

### 1001 Oklahoma Register (Volume 29, Number 19)